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MARRIAGE OF KEASTER

No. 92-367.

853 P.2d 1191 (1993)

In re the MARRIAGE OF Cynthia Keaster, n/k/a Davis, Petitioner, and Robert Keaster, Respondent/Appellant, State of Montana, Child Support Enforcement Division, Relator, Jerry J. Fleming, Intervenor and Respondent.

Supreme Court of Montana.

Decided June 10, 1993.

Attorney(s) appearing for the Case

For Appellant: Susan L. Weber, Great Falls.

For Respondent: James D. Elshoff, Great Falls (Fleming); John Koch, Montana Department of Revenue, Child Support Enforcement Division, Great Falls; Peggy Probasco, Child Support Enforcement Division, Butte.

WEBER, Justice.

This is an appeal from a judgment entered by the Eighth Judicial District Court, Cascade County, denying appellant a stay of proceedings and a new trial. We reverse and remand.

The only question on appeal is whether the District Court erred in disallowing appellant a new trial and a stay of proceedings based upon prior Montana case law prohibiting relitigation of paternity.

This appeal involves a dissolution proceeding between Robert...

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