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J.A.V. v. VELASCO

No. C5-95-449.

536 N.W.2d 896 (1995)

In the Matter of the PATERNITY OF J.A.V., and Conrad Hisgun, Appellant, v. Denise VELASCO, Respondent.

Court of Appeals of Minnesota.

Review Granted November 15, 1995.

Attorney(s) appearing for the Case

Mark D. Fiddler, Indian Child Welfare Law Center, Gail C. Bohr, Faegre & Benson, PLLP, Minneapolis, for appellant J.A.V.

Bertram E. Hirsch, Floral Park, NY, for appellant-intervenor Sisseton-Wahpeton Sioux Tribe.

Wright S. Walling, Gary A. Debele, Walling & Berg, Minneapolis, for respondent.

Considered and decided by PETERSON, P.J., and LANSING and SCHUMACHER, JJ.

OPINION

PETERSON, Judge.

Appellant Conrad Hisgun brought an action to establish paternity of J.A.V. Respondent Denise Velasco, J.A.V.'s birth mother, moved to dismiss the action, claiming that Hisgun had lost his parental rights pursuant to Minn.Stat. § 259.261 (1992). Appellant Sisseton-Wahpeton Sioux Tribe was permitted to intervene. The district court dismissed the action. We reverse and remand.

FACTS

Hisgun, an enrolled member...

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