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MATTER OF MARRIAGE OF SWILLING

CVC 87-875; CA A50161.

775 P.2d 929 (1989)

97 Or.App. 384

In the matter of the Marriage of Ken Wallace SWILLING, Appellant, AND Kimberly Sue Swilling, Respondent.

Court of Appeals of Oregon.

Decided June 28, 1989.

Attorney(s) appearing for the Case

Robert Norman Ehmann, Pendleton, argued the cause and filed the brief for appellant.

No appearance for respondent.

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

ROSSMAN, Judge.

Father appeals from an order dismissing his motion to modify a dissolution judgment to terminate a joint custody provision involving the parties' two children and to award him sole custody with reasonable visitation to mother. We reverse and remand.

Father presented testimony at trial that he summarizes in his brief:

"[T]he parties were not communicating with each other regarding the children, that [mother] had seen little of the children...

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