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MATTER OF MARRIAGE OF WITTKE

37058; A37855.

738 P.2d 206 (1987)

85 Or.App. 623

In the matter of the Marriage of Nan M. Wittke, Respondent, and Donald P. Wittke, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted February 4, 1987.

Decided June 10, 1987.

Attorney(s) appearing for the Case

Ronald W. Stone, McMinnville, argued the cause for appellant. With him on the brief was Haugeberg, Rueter, Stone & Gowell, P.C., McMinnville.

Donald O. Tarlow, Newberg, argued the cause and filed the brief for respondent.

Resubmitted In Banc February 4, 1987.

VAN HOOMISSEN, Judge.

This is a proceeding to modify the custody provisions of the parties' 1980 dissolution judgment. The modification court ordered that joint custody be continued, but that the parties' child be in mother's physical custody in Oregon during the school year and with father in Utah each summer. Father appeals.

The original judgment provides, in relevant part:

"5. The parties have one child...

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