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STROME v. STROME

99-CV-0259-MA; A111369.

60 P.3d 1158 (2003)

185 Or.App. 525

Bobbie STROME, Respondent, and Garth STROME, Appellant, and Suzanne E. Strome, Respondent-below.

Court of Appeals of Oregon, En Banc.

Resubmitted October 15, 2002.

Decided January 8, 2003.

Attorney(s) appearing for the Case

Russell Lipetzky argued the cause and filed the briefs for appellant.

Helen T. Dziuba, Portland, argued the cause for respondent. With her on the brief were Melissa P. Lande and Bryant Lovlien & Jarvis PC, Bend.

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

Resubmitted En Banc October 15, 2002.

EDMONDS, J.

Father appeals from a trial court judgment pursuant to ORS 109.119 that awarded custody of his children to grandmother, who is father's mother. The issue is whether grandmother has proved by a preponderance of the evidence that father cannot or will not provide adequate love and care for the children or that placement of them in his custody will cause an undue risk...

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