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vb6 byref withevents not working

Last Modified: 2013-11-25
I am having an issue with by ref in vb6.

I have a private form with events object declared in a form.  If I pass the private form to a function as by ref, the object is not returned to the parent routine.  here is a code and debug snippet.

Public WithEvents o_frmBusy As frmVBBusy

Private Sub Command9_Click()
    Debug.Print o_frmBusy Is Nothing
    rtnSetForm o_frmBusy
    Debug.Print o_frmBusy Is Nothing
End Sub

Public Sub rtnSetForm(ByRef r_frmBusy As frmVBBusy)
    If r_frmBusy Is Nothing Then
        Debug.Print r_frmBusy Is Nothing
        Set r_frmBusy = New frmVBBusy
        Debug.Print r_frmBusy Is Nothing
    End If
End Sub

Debug is

if I remove the withevents it works.  any thoughts
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