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LOVE v. LOVE

No. 42,330

188 Kan. 185 (1961)

360 P.2d 1061

ARTHUR LOVE and ROSE ANN LOVE, Appellees, v. HENRY LOVE, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

Douglas Gleason, of Ottawa, argued the cause, and Thomas E. Gleason and Jules V. Doty, both of Ottawa, and Hollis B. Logan, of Topeka, were with him on the briefs for appellant.

Robert P. Anderson, of Overland Park, argued the cause, and Howard E. Payne, W.C. Jones and H. Thomas Payne, of Olathe, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

The petitioners, Arthur Love and Rose Ann Love, who are husband and wife, filed a verified application for a writ of habeas corpus in the district court of Johnson County, Kansas, to obtain custody of their three minor children, ages five, three and two years. They alleged that the appellant-respondent, Henry Love, who is the uncle of Arthur Love, was unlawfully detaining the minor children against the...

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