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IN THE MATTER OF WINCZEWSKI

C94-1968DR; A112079.

72 P.3d 1012 (2003)

188 Or. App. 667

In the Matter of the MARRIAGE OF Eileen WINCZEWSKI, aka Eileen Ordway, Appellant, and Stephen Winczewski, Respondent below, and Oliver Winczewski and Barbara Winczewski, Respondents.

Court of Appeals of Oregon.

Resubmitted June 4, 2003.

Decided July 16, 2003.

Attorney(s) appearing for the Case

Carol E. Jones, Hillsboro, argued the cause and filed the brief for appellant.

Darcia Krause argued the cause and filed the briefs for respondents.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, BREWER, and SCHUMAN, Judges.

Resubmitted en banc June 4, 2003.

PER CURIAM.

Affirmed by an equally divided court.

DEITS, C.J., concurs.

EDMONDS, BREWER, and SCHUMAN, JJ., dissent.

DEITS, C.J., concurring.

Mother appeals from a judgment that awarded custody of two of her children to their paternal grandparents. On de novo review of the facts, ORS 19.415(3); State v. Wooden, 184 Or.App. 537,

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