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IN RE HERBST

No. 89548.

971 P.2d 395 (1998)

1998 OK 100

In the Matter of the Application of Christopher Steven HERBST. Christopher Steven Herbst, Appellant, v. Brett Sayre and Christi Sayre, Appellees.

Supreme Court of Oklahoma.

October 13, 1998.

Attorney(s) appearing for the Case

Ted W. Haxel, Purcell, for Appellant.

Laura J. Corbin, D. Craig Shew, Smith, Shew, Scrivner & Corbin, P.C., Tishomingo, for Appellees.

SIMMS, J:

¶ 1 Maternal grandfather appealed the denial of his application for grandparental visitation based upon the trial court's ruling that a provision in 10 O.S. Supp.1996 § 5, granting visitation rights with a grandchild, was unconstitutional as applied to the facts of this case. The Court of Civil Appeals affirmed the trial court's decision, finding application of 10 O.S. § 5(A)(1) unconstitutional under...

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