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McMILLER v. MYERS

No. 68295.

917 S.W.2d 620 (1996)

Jimmie McMILLER, Plaintiff/Appellant, v. Gail Martin MYERS, and L.M., a minor, by and through Gail Martin Myers Next Friend, and State of Missouri, Division of Family Services, Assignee, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Five.

March 5, 1996.

Attorney(s) appearing for the Case

Alan W. Cohen, St. Louis, for appellant.

Robert S. Moss, Mary E. Davidson, Guardian Ad Litem, Schwartz, Herman & Davidson, St. Louis, for respondents.

CRANE, Chief Judge.

Plaintiff filed a petition requesting a declaration that he was not the father of a minor child (Count I) and that the court void a 1985 judgment finding him to be the minor's father (Count II). The state moved to dismiss asserting res judicata, collateral estoppel, and other procedural grounds. The trial court dismissed both counts. Plaintiff appeals the dismissal of Count II. He asserts that the state, as assignee of support payments, did not...

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