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STONEBRINK v. STONEBRINK

468 P.2d 546 (1970)

Earl L. STONEBRINK, Appellant, v. Jo Anna STONEBRINK, Respondent.

Court of Appeals of Oregon, Department 1.

Decided April 23, 1970.

Attorney(s) appearing for the Case

Robert E. Swift, Newberg, argued the cause for appellant. With him on the briefs were Swift & Swift, Newberg.

Jack C. Nulsen, Jr., Newberg, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

FORT, Judge.

These two appeals challenge separate awards of custody of three minor children to the defendant mother.

In April 1968, plaintiff father filed suit for divorce. In his duly verified complaint he alleged that the mother was a fit and proper person to be awarded the custody of the children. His prayer specifically sought the award of custody to her. The case was tried as a default matter.

At the trial, plaintiff testified:

"Q Where...

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