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MATTER OF MARRIAGE OF SETTLE

550 P.2d 445 (1976)

In the matter of the Dissolution of the Marriage of Shirley E. SETTLE, Now Shirley E. Fuller, Respondent, and James W. Settle, Appellant. Application of James W. Settle for a Writ of Habeas Corpus. James W. Settle, Appellant, v. SHIRLEY E. SETTLE, Now Known As Shirley E. Fuller, Respondent.

Court of Appeals of Oregon.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Ira L. Gottlieb, Portland, argued the cause and filed the brief for appellant.

R.M. Atkinson, Portland, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

The father appeals from the order of the circuit court which modified a 1974 Indiana dissolution decree by changing legal custody of the two children, ages 9 and 5, to the mother.

In December of 1973 the parties were living in Elkhart, Indiana. The mother filed a petition for dissolution of marriage and requested custody. The father filed a cross-petition and also requested custody. During the pendency of the proceedings the mother left Indiana...

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