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MATTER OF MARRIAGE OF JOHNS

Nos. D7607-10008, 61291-61291A; CA 11366.

599 P.2d 1230 (1979)

42 Or.App. 39

In the matter of the Marriage of Lennea JOHNS (Now Hart), Appellant, and Ronald P. Johns, Respondent-Cross-Appellant. In the matter of Stacey Helen Johns, a Minor Child. State ex rel. Juvenile Department of Multnomah County and Stacey Helen Johns, Respondents, Ronald P. Johns, Respondent-Cross-Appellant, v. LENNEA JOHNS (NOW HART), Appellant.

Court of Appeals of Oregon.

Decided September 4, 1979.

Attorney(s) appearing for the Case

Patricia Bridge Urquhart, Portland, argued the cause and filed the brief for appellant.

Michael S. Fryar, Gresham, argued the cause and filed the brief for respondent-cross-appellant.

No appearance by respondents Juvenile Dept. and Stacey Helen Johns.

Before SCHWAB, C.J., and THORNTON, GILLETTE and CAMPBELL, JJ.

GILLETTE, Judge.

This proceeding grows out of a custody dispute in which both parents, after a recent dissolution of marriage, seek custody of the child. Pivotal to the resolution of the custody issue is the question of the child's paternity: Midway through the custody hearing, the mother declared that respondent/father Ronald Johns (hereinafter "Johns") was not the biological father of the child. The trial judge held that the mother was estopped from raising the...

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