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WEEGAR v. BAKEBERG

No. 18647.

527 N.W.2d 676 (1995)

Kay Lynn WEEGAR, f/k/a Kay Lynn Oien, and Carol Auringer, Guardian Ad Litem for Casie Lane Kenyon, a/k/a Casie Lane Oien, Plaintiffs and Appellants, v. Michael Steven BAKEBERG, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 8, 1995.

Attorney(s) appearing for the Case

Karen A. Hattervig, East River Legal Services, Sioux Falls, for plaintiffs and appellants.

Thomas J. Farrell, Strange, Farrell, Johnson & Casey, P.C., Sioux Falls, for defendant and appellee.

WUEST, Retired Justice.

Kay Weegar and her minor daughter, Casie Kenyon, through a guardian ad litem, appeal the circuit court's dismissal of their paternity action brought under the 1979 version of SDCL 25-8-9. Weegar and Kenyon claim the two-year statute of limitations in that version of the statute is unconstitutional. Kenyon further claims her minority status tolls the statute of limitations in any action brought by her. Because we find the statutory period at...

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