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COOK v. WOFFORD

No. B-2172.

458 S.W.2d 653 (1970)

Frances COOK et vir, Petitioner, v. C. J. WOFFORD, Respondent.

Supreme Court of Texas.

Rehearing Denied October 7, 1970.

Attorney(s) appearing for the Case

Andress, Woodgate & Hartt, William Andress, Jr., Dallas, for petitioner.

Emmett Colvin, Jr., Robert O'Donnell, Dallas, for respondent.

PER CURIAM.

In this case the trial court followed the procedure of Article 4639a, Vernon's Annotated Civil Statutes, and instructed the jury to find from a preponderance of the evidence which of the parties, the father or the maternal grandmother and her husband, is best suited to have the care, custody and control of the children in question. The jury found for the father and judgment was rendered on the verdict. As it had previously done in Welch v. Welch,

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