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MATTER OF MARRIAGE OF HODGE AND HODGE

TC 84-1400-NJ-2; CA A34662; SC S32677.

722 P.2d 1235 (1986)

301 Or. 433

In the Matter of the MARRIAGE OF Charles Gordon HODGE, Respondent on review, and Henrietta Hodge, Petitioner on review.

Supreme Court of Oregon, In Banc.

Decided August 5, 1986.

Attorney(s) appearing for the Case

Jerry E. Gastineau, Medford, argued the cause and filed the petition for petitioner on review.

Colette Boehmer, Jackson County Legal Services, Medford, argued the cause for respondent on review.

GILLETTE, Justice.

This is a domestic relations case in which the underlying question is the custody of a four-year-old child. The legal issue, as the parties have framed it for us, is whether the rule of ORS 109.070(1), which provides that the child of a wife cohabiting with her husband who is not sterile or impotent at the time of the child's conception "shall be conclusively presumed to be the child of the husband," can be applied to bar wife

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