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QUIRK v. SWANSON

Civ. No. 10848.

368 N.W.2d 557 (1985)

Kathy QUIRK and Thomas E. Quirk, Plaintiffs, Appellants, and Cross-Appellees, v. Terrence Lyle SWANSON, Defendant, Appellee, and Cross-Appellant, and Erik Allen Swanson, a minor child, Defendant and Appellee.

Supreme Court of North Dakota.

May 22, 1985.

Attorney(s) appearing for the Case

James Gordon Caldis (argued) of Caldis, Arneson and Tingum, Grand Forks, for plaintiffs, appellants and cross-appellees Kathy Quirk and Thomas E. Quirk.

Henry H. Howe (argued) of Howe & Seaworth, Grand Forks, for defendant, appellee and cross-appellant Terrence Lyle Swanson.

Damon E. Anderson (argued), Grand Forks, guardian ad litem for defendant and appellee Erik Allen Swanson.

GIERKE, Justice.

This case began with a paternity action. Kathy Quirk, the natural mother of Erik Allen Swanson, and her present husband, Thomas E. Quirk [Tom], instituted an action to determine the paternity of Erik. Both Kathy's present husband, Tom, and her former husband, Terrence Lyle Swanson [Terry], claimed to be the father of Erik. The trial court concluded that Tom is the biological father of Erik. The court, however, granted to Terry the right of...

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