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MARRIAGE OF NEVILLE

CC DR93-0688; CA A85354; SC S42810.

919 P.2d 488 (1996)

323 Or. 648

In the Matter of the MARRIAGE OF Rosellen NEVILLE, Respondent on Review, and Billy CARROLL, Petitioner on Review.

Supreme Court of Oregon.

Decided July 18, 1996.

Attorney(s) appearing for the Case

F. de la Puente Allen, Salem, argued the cause and filed the petition for petitioner on review.

Richard D. Rodeman, Corvallis, argued the cause and filed the brief for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

MEMORANDUM OPINION

Review dismissed as improvidently allowed.

FADELEY, J., concurred and filed an opinion.

FADELEY, Justice, concurring.

I concur in the dismissal of this case as one in which review was improvidently allowed, because the issue that petitioner on review wants this court to address was not raised in the trial court or argued to the Court of Appeals. This concurrence expresses my somewhat differing reasons for why the decision...

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