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IN THE MATTER OF MARRIAGE OF MARES AND MARES

87-3670 and F652; CA A81776.

886 P.2d 17 (1994)

131 Or. App. 439

In the Matter of the MARRIAGE OF Paul A. MARES, Co-Petitioner, and Amy Jo Mares, Co-Petitioner. STATE of Oregon, DEPARTMENT OF HUMAN RESOURCES, Appellant, v. Paul A. MARES, Respondent, and Amy Jo Mares, Obligee.

Court of Appeals of Oregon.

Decided November 23, 1994.

Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief for respondent.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Support Enforcement Division (SED) brought this administrative proceeding, pursuant to ORS 416.400 to ORS 416.470, to determine whether respondent is the father of a child born in 1987. Respondent denied paternity, and the matter was certified to the circuit court. ORS 416.435. The trial court granted respondent's motion to dismiss. ORCP 21. We reverse.

Respondent and mother were married on April 26, 1983. On August 12, 1987, mother gave birth...

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