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HICKEY v. BAXTER

No. 85-2358.

800 F.2d 430 (1986)

Kevin HICKEY; Melissa Lorene Hickey; and Jenny Leigh Hickey, Appellants, v. Lola Ann BAXTER; Edward Baxter; and Doll Baxter, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1986.

Attorney(s) appearing for the Case

Stephen M. Garver, Reston (Garver & Moller, Reston, on brief), for appellants.

W. Michael Holm, Fairfax (Alan B. Croft, Hazel, Beckhorn and Hanes, Fairfax, on brief), for appellees.

Before CHAPMAN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WILKINSON, Circuit Judge:

Kevin Hickey appeals from the dismissal of his suit to win custody of Melissa Lorene Hickey and Jenny Leigh Hickey from their mother and present custodian, Lola Ann Baxter. We vacate the judgment of the district court and remand for further proceedings.

Melissa Lorene Hickey and Jenny Leigh Hickey were born in Chattahoochee, Florida and lived there with their parents, Kevin Hickey and Lola Ann Baxter, until August 1981. The family...

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