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MATTER OF MARRIAGE OF HAXTON AND HAXTON

TC 78-0873; 15-82-08058; CA A27976; SC S30789.

705 P.2d 721 (1985)

299 Or. 616

In the matter of the Marriage of Geraldine A. HAXTON, Petitioner On Review, and Gene D. Haxton, Respondent On Review. James E. Haxton, by Geraldine A. Haxton, His Guardian Ad Litem, Petitioner On Review, v. GENE D. HAXTON, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided August 20, 1985.

Attorney(s) appearing for the Case

Gary D. Jensen, Eugene, argued the cause and filed the petition and briefs for petitioner on review.

James A. Hendershott, Eugene, argued the cause for respondent on review. With him on the brief was Hendershott & Hendershott, Eugene.

ROBERTS, Justice.

The issue is whether ORS 109.010 provides a cause of action for support against his parent for an adult who is mentally handicapped to the extent that his handicap prevents him from securing employment. That statute provides:

"Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances."

The parents were married on December...

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