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ZAVIN v. ZAVIN

229 Or. 289 (1961)

366 P.2d 733

ZAVIN v. ZAVIN

Supreme Court of Oregon.

Reversed with instructions December 13, 1961.

Attorney(s) appearing for the Case

Harlow F. Lenon, Portland, argued the cause for appellant. On the briefs were Lenon & Willner, Portland.

Leo Levenson, Portland, argued the cause for respondent. With him on the brief were Norman B. Kobin and Paul R. Meyer, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED WITH INSTRUCTIONS.

GOODWIN, J.

This is an appeal from a decree of divorce.

Plaintiff husband sued under ORS 107.030 (6) (cruel and inhuman treatment). Defendant wife counterclaimed upon similar grounds. Each party pleaded nearly every variety of cruelty for which descriptive words could be found.

After four days in court, the experienced trial judge concluded that neither party had carried the burden of proof. His carefully reasoned...

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