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WAY v. PROSCH

(CV 96-0886; CA A98216)

988 P.2d 422 (1999)

163 Or. App. 437

James E. WAY, Respondent, v. Stephanie PROSCH, Appellant.

Court of Appeals of Oregon.

Resubmitted May 12, 1999.

Decided October 27, 1999.

Attorney(s) appearing for the Case

Kimberly A. Quach, Portland, argued the cause for appellant. With her on the brief was Gevurtz, Menashe, Larson, Yates & Howe, P. C.

Dale L. Smith, Hermiston, argued the cause and filed the brief for respondent.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, and KISTLER, Judges, and WARREN, Senior Judge.

Resubmitted en banc May 12, 1999.

EDMONDS, J.

Mother appeals from a judgment awarding father custody of their son and requiring her to pay child support. She makes three assignments of error: (1) that the trial court erred in denying her motion for a new trial under ORCP 64(B)(1); (2) that the trial court erred in awarding custody to father; and (3) that the trial court erred in calculating child support. We remand for the recalculation of child support but...

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