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IN RE LOOMIS

No. 20226.

587 N.W.2d 427 (1998)

1998 SD 113

In the Matter of the Support Obligation of David LOOMIS, Absent Parent.

Supreme Court of South Dakota.

Reassigned June 19, 1998.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Debra D. Watson of Watson Law Office, Rapid City, for appellant.

Mark W. Barnett, Attorney General, John H. Fitzgerald, Special Assistant Attorney General, for appellee.

MILLER, Chief Justice (on reassignment).

[¶ 1.] In this opinion we hold that, under the facts of this case, the mother of an out-of-wedlock child is barred by the equitable doctrines of laches and estoppel from receiving retroactive child support.1

FACTS

[¶ 2.] In October 1982, David Loomis and Linda Teller had a brief sexual encounter in Gillette, Wyoming. Teller gave birth on July 15, 1983. Neither during...

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