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VEGAS v. BRUMFIELD

(15-97-05809; CA A100354)

976 P.2d 1155 (1999)

159 Or. App. 134

Charles VEGAS and Margaret Vegas, Appellants, v. Lori BRUMFIELD and Joseph Vegas, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted December 9, 1998.

Decided March 17, 1999.

Attorney(s) appearing for the Case

William C. Atwood, Eugene, argued the cause for appellants. On the brief were Gary K. Jensen and Gary K. Jensen, P.C.

No appearance for respondents.

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

Resubmitted En Banc December 9, 1998.

De MUNIZ, J.

Paternal grandparents appeal from the trial court's denial of their petition for an order granting them the right to visit their granddaughter.

Under ORS 109.123(1),

"[t]he power of a court under ORS 109.121 and this section to grant visitation rights to grandparents is discretionary and shall be exercised only when the court determines that it would be in the best interests and welfare of...

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