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IN THE MATTER OF MARRIAGE OF McJUNKIN AND McJUNKIN

15-82-04168; CA A42024.

750 P.2d 1164 (1988)

90 Or.App. 1

In the matter of the Marriage of Timothy Kent McJunkin, Appellant, and Priscilla Allison McJunkin, Respondent.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

John A. Hudson, Eugene, argued the cause and filed the brief for appellant. With him on the brief was Hudson & Kearney, P.C., Eugene.

Susan E. Watts, Portland, argued the cause for respondent. With her on the brief were Bruce W. Cordon, and Kennedy, King & Zimmer, Portland.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.

JOSEPH, Chief Judge.

Father moved to change custody of his five-year-old daughter from mother to him. The trial court dismissed the motion on mother's motion at the close of father's evidence, pursuant to ORCP 54 B(2).1 We affirm.

Father contends that the trial court erred in dismissing the motion before all the evidence was heard. He argues that a dismissal under the rule should be sparingly...

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