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DRAKE v. DRAKE

491 P.2d 1203 (1971)

In the matter of the Adoption of Carmen Marie DRAKE, a Minor. Grover Henry DRAKE and Tessie Rose Huisel Drake, Appellants, v. Susan Jane Payton DRAKE, Respondent.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Richard E. Miller, Eugene, argued the cause for appellants. With him on the brief were Miller, Moulton & Andrews, Eugene.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief were Luvaas, Cobb, Richards & Fraser, Eugene.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

THORNTON, Judge.

This appeal is from the denial of a petition to adopt Carmen Marie Drake, a minor child. The petition was filed on July 2, 1968, by Grover and Tessie Drake, the paternal grandparents of the child. The child's father, Ronald Drake, consented to the adoption, but the mother, Susan Drake, withheld her consent and contested the petition.

The question on appeal is whether the criteria of ORS 109.324 have been met, thereby obviating the necessity...

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