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WALBERG v. WALBERG

538 P.2d 96 (1975)

Patricia Ann WALBERG, Respondent-Cross-Appellant, v. Robert Frank WALBERG, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1975.

Attorney(s) appearing for the Case

Michael O. Whitty, Coos Bay, argued the cause for appellant. With him on the brief were Walsh, Chandler, Walberg & Whitty, Coos Bay.

Terence J. Hammons, Eugene, argued the cause for respondent-cross-appellant. With him on the brief were Hammons, Phillips & Jensen, Eugene.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

The parties were divorced in 1970 and shortly thereafter both remarried. The mother, now named Klessig, has custody of the parties' children — two girls both under ten years of age. The issue before us on appeal from an order entered subsequent to a hearing on a motion to modify the divorce decree is the correctness of that portion of the court's order which states:

"* * * [D]efendant's [father's] motion for an order that the children...

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