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IN THE MATTER OF MARRIAGE OF SANDERS AND SANDERS

566 P.2d 928 (1977)

30 Or.App. 265

In the matter of the Dissolution of the MARRIAGE OF Shawn M. SANDERS, Respondent, and Rodney A. Sanders, Appellant.

Court of Appeals of Oregon.

Decided July 25, 1977.

Attorney(s) appearing for the Case

Thomas E. Wurtz, Springfield, argued the cause for appellant. With him on the brief were Moore, Wurtz & Logan, Springfield.

No appearance for respondent.

Before SCHWAB, C.J., and LEE and FORT, JJ.

PER CURIAM.

In this dissolution-of-marriage proceeding the father appeals from that portion of the decree granting custody of the two-year-old daughter of the parties to the mother. At the conclusion of the hearing the trial judge awarded custody to the mother, stating:

"Well, this is not an open and shut case by any means. There is merit on both sides, and it is not one of those enviable cases where the Court could say either one of the parents would provide...

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