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WARD v. WARD

No. 6995.

88 Ariz. 285 (1960)

356 P.2d 30

Dowell P. WARD, Appellant, v. Aurelia C. WARD, Appellee.

Supreme Court of Arizona.

October 19, 1960.

Attorney(s) appearing for the Case

W.E. Ferguson, Holbrook, and C.D. McCauley, Winslow, for appellant.

Marshall W. Haislip and Minne & Sorenson, Phoenix, for appellee. On Motion for Rehearing: Christy, Kleinman, Peterson & Hoyt, Phoenix, for appellee.

PER CURIAM.

Upon motion for rehearing we have determined that the proper procedure for the disposition of this case should have been to send it back to the trial court for the limited purpose of hearing evidence on the issue of the fitness of appellant-father, Dowell P. Ward, to have custody of the child. As we indicated in our original opinion, no such determination has been made. While in the absence of evidence to the contrary the law presumes the fitness of the...

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