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COM. ex rel. LEES v. LEES

196 Pa.Super. 32 (1961)

Commonwealth ex rel. Lees, Appellant, v. Lees.

Superior Court of Pennsylvania.

September 12, 1961.

Attorney(s) appearing for the Case

John R. Sutton, for appellant.

David E. Thomas, with him John Stewart, Jr., and Raspin, Espenshade, Heins, Erskine & Stewart, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY WRIGHT, J., September 12, 1961:

We are here concerned with a controversy involving the custody of Joseph J. Lees, presently aged eleven years, the son of James J. and Marie K. Lees. The child's mother is dead and the contesting parties are the child's father and a maternal uncle, Lawrence J. Kieffer. There were two petitions filed in the court below, one by the father for habeas corpus, and one by the uncle for custody. These actions were consolidated,...

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