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FINNEY v. FINNEY

No. 45,009

201 Kan. 263 (1968)

440 P.2d 608

JANE A. FINNEY, Appellee, v. JOHN C. FINNEY, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1968.

Attorney(s) appearing for the Case

Walter F. McGinnis, of El Dorado, argued the cause, and Allyn M. McGinnis, of El Dorado, was with him on the brief for the appellant.

Edward F. Arn, of Wichita, argued the cause, and Richard F. Mullins, Milo M. Unruh, H.R. Kuhn, Louis W. Cates, Roger K. Wilson, and Bernice Burket, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a child custody case in which the principal issue is the fitness of the child's natural father.

Gary, the child in question, was born September 22, 1960, one day after his mother, Jane A. Finney, filed a petition seeking divorce from his father, John C. Finney. This action was in the district court of Sedgwick county, Kansas, in which county the parents were then living. Almost immediately...

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