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VAUGHAN v. SMITHSON

No. 87-1810.

883 F.2d 63 (1989)

Karen A. VAUGHAN; and Zachary Ryan Vaughan, a minor child aged two years, by Karen A. Vaughan, his natural mother and next friend, Plaintiffs-Appellees, v. Randy SMITHSON, Defendant-Appellant, and Gene Smithson; and Sandra Smithson, Defendants.

United States Court of Appeals, Tenth Circuit.

Decided August 21, 1989.

Attorney(s) appearing for the Case

Glenn D. Young, Jr. and Paul S. McCausland of Gott, Young & Bogle, P.A., Wichita, Kan., for defendant-appellant.

Fred W. Phelps, Jr. and John R. Balhuizen of Phelps-Chartered, Topeka, Kan., for plaintiffs-appellees.

Before MOORE, BALDOCK and BRORBY, Circuit Judges.

Submitted on the Briefs.1

PER CURIAM.

This action arises out of a nonmarital relationship between Karen A. Vaughan (plaintiff) and Randy Smithson (defendant), which resulted in the birth of a child. The complaint alleged jurisdiction under 28 U.S.C. § 1332 and charged defendant with, among other things, breach of a voluntary contract to provide the child with material and financial support. Following a trial, a jury returned...

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