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JOLLY v. AVERY

No. 48,125

220 Kan. 692 (1976)

556 P.2d 449

In the Matter of the Application of Nancy E. Jolly for a Writ of Habeas Corpus. NANCY E. JOLLY, Appellee, v. LYNDELL L. AVERY, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Bruce F. Landeck, of Lowe, Terry & Roberts, of Olathe, argued the cause and was on the brief for the appellant.

No appearance or brief was filed on behalf of the appellee.

The opinion of the court was delivered by

MILLER,, J.:

This habeas corpus proceeding involves the custody of eleven-year-old Michael Lynn Avery. His mother, Nancy E. Jolly, is the petitioner-appellee; his father, Lyndell L. Avery, is respondent and appellant. The matter was heard and the petition granted in Division 6 of the District Court of Johnson County, Kansas. The respondent raises several points on appeal, most of which involve the exercise of discretion...

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