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MALLER v. COHEN

Nos. 87-2199, 87-2492 cons.

176 Ill. App.3d 987 (1988)

531 N.E.2d 1029

AZURE LEE MALLER, through her Mother and Next Friend Gail Maller, Plaintiff-Appellant, v. IRWIN COHEN, Defendant-Appellee (The Department of Public Aid, Intervenor-Appellant).

Appellate Court of Illinois — First District (3rd Division).

Opinion filed November 30, 1988.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Deborah Petro, Assistant State's Attorney, of counsel), for appellant Illinois Department of Public Aid.

Joan S. Colen, Aviva Futorian, James O. Latturner, and Cathleen Cohen, all of Chicago, for appellant Azure Lee Maller.

Beermann, Swerdlove, Woloshin, Barezky & Berkson, of Chicago (Miles N. Beermann and Howard A. London, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE WHITE delivered the opinion of the court:

In 1981, Gail Maller filed an action to establish that Irwin Cohen was the father of her daughter, Azure, who was born on May 23, 1975. Because the Illinois Paternity Act (Ill. Rev. Stat. 1981, ch. 40, pars. 1351 through 1368) required such actions to be filed within two years of a child's birth, Gail's suit was dismissed.

The State of Tennessee had a similar two-year...

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