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FONK v. ULSHER

No. 93-140.

860 P.2d 145 (1993)

Mickey D. FONK, Petitioner and Appellant, v. Mavanee J. ULSHER, Respondent and Respondent, and J.C.F. and S.J.F., Minor Children, and Montana Department of Social and Rehabilitation Services, Child Support Enforcement Division, Real Party in Interest.

Supreme Court of Montana.

Decided September 28, 1993.

Attorney(s) appearing for the Case

Michael V. Sinclair, Coil & Sinclair, Bozeman, for petitioner and appellant.

Robert T. Cummins, Helena, Peggy Probasco, CSED, Butte, for respondent and respondent.

TURNAGE, Chief Justice.

Petitioner Mickey Fonk brought this action to recover monies involuntarily paid for child support, to determine paternity and to question service of process on the basis that he had not been personally served in the underlying dissolution proceeding. The District Court for the First Judicial District, Lewis and Clark County, dismissed Fonk's service of process claim and entered final judgment. Fonk appeals that portion of the judgment which...

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