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SANT v. OPEN ADOPTION AND FAMILY SERVICES

951072329; CA A96866.

956 P.2d 226 (1998)

153 Or. App. 114

In the Matter of the Adoption of Baby S, a Minor Child. Heidi SANT, Appellant, v. OPEN ADOPTION AND FAMILY SERVICES, INC., a licensed, private child-caring agency, Stephen Talley and Pamella Talley, husband and wife, Respondents, and John E. Wells, III, Defendant.

Court of Appeals of Oregon.

Decided March 18, 1998.

Attorney(s) appearing for the Case

Michael E. Rose argued the cause for appellant. With him on the brief were Michael Schumann, Tom Steenson, and Steenson, Schumann, Tewksbury, Later & Rose, P.C., Portland.

John Chally argued the cause for respondent Open Adoption and Family Services, Inc. Herbert A. Trubo argued the cause for respondents Pamella Talley and Stephen Talley. With them on the brief were Bouneff & Chally and Sorensen-Jolink, Trubo, Williams, McIlhenny & Williams LLP, Portland.

Before LANDAU, P.J., and LEESON, Judge Pro Tempore, and LINDER, J.

LEESON, Judge Pro Tempore.

Plaintiff appeals from the trial court's order that dismissed her motion to set aside the judgment of adoption of her biological child. ORS 19.010 (1995). We review for errors of law and reverse and remand.

Plaintiff's motion to set aside alleges the following facts: In August 1995, plaintiff and child's putative father1 contacted Open Adoption and Family Services, Inc. (Open Adoption), an Oregon licensed...

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