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STATE, DEPT. OF HUMAN RESOURCES v. SHINALL

F-626 & F-1006; CA A92497.

941 P.2d 616 (1997)

148 Or. App. 560

STATE of Oregon, DEPARTMENT OF HUMAN RESOURCES, Respondent, v. Michael SHINALL, Respondent. Lisa SHIRES, Respondent, and Johnny Edward BALL, Appellant.

Court of Appeals of Oregon.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellant. With him on the brief was Patrick & Meadowbrook.

Carla M. French, Salem, argued the cause for respondent Lisa Shires. With her on the brief was Ferder, Brandt, Casebeer, Cooper, Hoyt & French, LLP.

Jas. Adams, Assistant Attorney General, waived appearance for respondent Department of Human Resources.

No appearance for respondent Michael Shinall.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Appellant Ball appeals the judgment in this paternity proceeding. The judgment set aside a 1989 judgment that declared that respondent Shinall was the father of the child of respondent mother, Shires. The judgment also declared that Ball is the father. We reverse.

The child was born October 22, 1988. On October 23, Shires, who was receiving public assistance, filled out and signed a paternity affidavit in which she named Shinall as the child...

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