STATE, DEPT. OF REVENUE v. WILSON

Nos. 80-369, 80-423.

634 P.2d 172 (1981)

STATE of Montana, Department of REVENUE, Department of Social Rehabilitive Services, et al., Petitioners and Appellants, v. Alfred J. WILSON, Respondent and Respondent. STATE of Montana, DEPARTMENT OF REVENUE, Department of Social and Rehabilitation Services, et al., Petitioners and Appellants, v. Robert James FATZ, Respondent and Respondent.

Supreme Court of Montana.

Decided August 11, 1981.

Rehearing Denied October 2, 1981.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, J. Fred Bourdeau, County Atty., James, Gray & McCafferty, Brian Bulger argued, Great Falls, Tom Pouliot, Dept. of Revenue, Helena, for petitioners and appellants.

Fausto Turrin argued, Asselstine & Cruikshank, Brett C. Asselstine argued, Great Falls, for respondents and respondents.


MARK P. SULLIVAN, District Judge.*

This is an appeal from judgments granted respondents by the District Court of the Eighth Judicial District in paternity actions brought against them by the Department of Revenue and the Department of Social and Rehabilitation Services (SRS).

Respondents had moved for judgments contending that the statute of limitations on the determination of paternity, section 40-6-108, MCA, had run at the time...

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