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SWAYNE v. L.D.S. SOCIAL SERVICES

No. 880177-CA.

761 P.2d 932 (1988)

Steven H. SWAYNE, Plaintiff and Appellant, v. L.D.S. SOCIAL SERVICES, John Doe and Jane Doe, Defendants and Respondents.

Court of Appeals of Utah.

September 15, 1988.

Attorney(s) appearing for the Case

M. David Eckersley (argued), Prince, Yeates & Geldzahler, and Billy L. Walker, Jr., Salt Lake City, for plaintiff and appellant.

David M. McConkie, Merrill Nelson (argued), Kirton, McConkie & Bushnell, Salt Lake City, for defendants and respondents.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

GARFF, Judge:

Appellant Steven Swayne appeals an order denying him custody of his illegitimate child and seeks attorney fees under 42 U.S.C. § 1988 on the ground that Utah Code Ann. § 78-30-4 (1987) unconstitutionally deprived him of his parental rights. We reverse in part and affirm in part.

Appellant and the mother, P., are the unwed parents of the child whose custody is at issue. Appellant...

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