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IN RE RHEA

No. 46,265

207 Kan. 610 (1971)

485 P.2d 1382

In the Matter of the Application of Shirley Rhea for a Writ of Habeas Corpus (SHIRLEY RHEA, Appellant, v. MARY ANN VINER, formerly MARY ANN EASTWOOD, Appellee).

Supreme Court of Kansas.

Opinion filed June 12, 1971.

Attorney(s) appearing for the Case

Thomas E. Joyce, of Kansas City, argued the cause, and Mary Jane Joyce, of Shawnee Mission, was with him on the briefs for the appellant.

J.R. Russell, of Kansas City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

In this habeas corpus action the natural mother and her sister are contesting over the custody of a young child. The maternal aunt prevailed in the trial court and the mother has appealed.

For our purposes the facts are not in controversy and may be briefly summarized.

The child in question, Stephanie Lynn Mask, was born December 15, 1967. At that time the child's natural mother, Shirley...

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