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SPRYNCZYNATYK v. CELLEY

Civ. No. 910345.

486 N.W.2d 230 (1992)

Gary L. SPRYNCZYNATYK, Director of Stark County Social Service Board or any Successor County, Plaintiff and Appellant, and Karen Celley, Plaintiff, v. Brian CELLEY, Defendant and Appellee.

Supreme Court of North Dakota.

June 25, 1992.

Attorney(s) appearing for the Case

Diane F. Melbye (argued), of Melbye Law Office, Dickinson, for plaintiff and appellant.

Thomas E. Merrick (argued), of Paulson & Merrick, Jamestown, for defendant and appellee.

MESCHKE, Justice.

The Stark County Social Service Board ["the Board"] appeals from a judgment dismissing its action against Brian Celley for support of his son. We conclude that the trial court erred in holding that this action is an impermissible collateral attack upon a prior judgment. We reverse and remand for further proceedings.

Brian and Karen Celley were married in 1983. A son, Justin, was born in 1984. Karen...

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