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BERRY v. LETCHWORTH

527 P.2d 145 (1974)

In the matter of the Adoption of Maryanne Isabel Letchworth, a Minor. William Joseph BERRY and Margaret Jean Berry, Appellants, v. Thomas Duane LETCHWORTH, Respondent.

Court of Appeals of Oregon.

Decided October 14, 1974.

Attorney(s) appearing for the Case

William M. Collver, Coos Bay, argued the cause for appellants. With him on the brief were McInturff, Thom, Collver & Rossi, Coos Bay.

Allen G. Drescher, Coos-Curry Counties Legal Aid, Inc., North Bend, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

SCHWAB, Chief Judge.

In this proceeding the natural mother and the step-father of a young child in the custody of the natural mother seek a decree making the step-father the adoptive father. Having failed to obtain the natural father's consent, the petitioners sought to prove that the natural father's consent was unnecessary by virtue of ORS 109.324 which provides in pertinent part:

"* * * [I]f the court finds that...

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