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WILLIAMS v. CURTIS

No. C7-93-285.

501 N.W.2d 653 (1993)

Diana Jean WILLIAMS and Pine County, Respondents, v. Dennis A. CURTIS, Appellant.

Court of Appeals of Minnesota.

Review Denied August 6, 1993.

Attorney(s) appearing for the Case

David Spear, Spear & Swanson, Pine City, for respondents.

William G. Peterson, William Peterson and Associates, Bloomington, for appellant.

Considered and decided by HUSPENI, P.J., and HARTEN and HOLTAN, JJ.

OPINION

HOLTAN, Judge.

On appeal from summary judgment, the alleged father challenges the district court's determination that he failed to rebut the presumption of paternity under Minn.Stat. § 257.62, subd. 5(b) (1990) with clear and convincing evidence. We reverse and remand.

FACTS

Respondent Diana Williams gave birth to D.T.W. on November 27, 1990. In April 1992, Williams and co-respondent Pine County instituted a paternity action...

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