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MATTER OF MARRIAGE OF CASTRO

No. E 18900; CA 18552.

626 P.2d 950 (1981)

51 Or.App. 707

In the matter of the Marriage of Shirley R. CASTRO, Respondent, AND Merle H. Castro, Appellant.

Court of Appeals of Oregon.

Decided April 13, 1981.

Attorney(s) appearing for the Case

David D. Gallaher, Pendleton, argued the cause and filed the brief for appellant.

Dennis A. Boardman, Pendleton, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Father filed a motion to modify a decree of dissolution which awarded custody of the minor child of the parties to mother. Father seeks custody of the child, a girl seven-years old at the time of the hearing. He appeals from the trial court's order denying the motion to modify and assigns error to the ruling of the court granting mother's motion for involuntary dismissal under Oregon Rules of Civil Procedure (ORCP) 54 B(2), made at the close of father...

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