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W.R.S. v. E.R.

No. 78-600.

588 P.2d 379 (1978)

W. R. S., Plaintiff-Appellant, v. E. R., Defendant-Appellee and concerning S. R., a minor child.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 12, 1978.

Certiorari Denied December 26, 1978.

Attorney(s) appearing for the Case

Susan Wendall Whicher, Wheatridge, for plaintiff-appellant.

Bowman, Shambaugh, Geissinger & Wright, Arthur S. Bowman, Denver, for defendant-appellee.

PIERCE, Judge.

Plaintiff, W. R. S., appeals the judgment of the juvenile court dismissing his paternity action on the basis of res judicata. We reverse and remand with directions to reinstate the action.

On June 5, 1974, plaintiff, as putative father of a minor child, filed a petition to determine paternity pursuant to C.R.S.1963, 22-1-3(5). On September 5, the court dismissed the action, specifically concluding that plaintiff was not authorized under the...

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