SC 28335; CA A20554; TC 75-378-E.

648 P.2d 55 (1982)

293 Or. 368

In the matter of the Marriage of Celeste L. LESON, Respondent On Review, AND Donald J. Leson, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided July 13, 1982.

Rehearing Denied August 24, 1982.

Attorney(s) appearing for the Case

Lynn M. Myrick, Grants Pass, argued the cause for petitioner on review. On the brief was Donald H. Coulter and Myrick, Coulter, Seagraves & Myrick, Grants Pass.

Benjamin E. Freudenberg, Grants Pass, argued the cause for respondent on review. With him on the brief was Balderee, Killoran, Nelson & Freudenberg, Grants Pass.

Walter L. Cauble and Schultz, Salisbury & Cauble, Grants Pass, attorneys for the child, Shawn Leson, made no appearance in this court.

LINDE, Justice.

Petitioner appealed from an order modifying a custody provision of a divorce decree. Custody of the couple's son had originally been placed with the mother but later had been changed to petitioner, the father. On the mother's motion, the circuit court again modified the decree in the present proceeding so as to return custody to the mother. Petitioner appealed on a number of grounds, among them that he was excluded from the proceedings, over his objection...

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