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VARNEY v. VARNEY

No. 48,502

222 Kan. 700 (1977)

567 P.2d 876

KENNETH M. VARNEY, Appellant, v. EMILY D. VARNEY, Appellee.

Supreme Court of Kansas.

Opinion filed July 11, 1977.

Attorney(s) appearing for the Case

Thomas Odell Rost, of Topeka, argued the cause and was on the brief for the appellant.

Jan M. Hamilton, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from an order of the trial court refusing to determine the right to custody of three minor children of the parties in a divorce action.

Kenneth and Emily Varney were married on October 12, 1969, in Murfreesboro, Tennessee. The first two of their three children were born while the parties resided in Tennessee. In September, 1972, Kenneth took the children and moved to Topeka, Kansas...

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