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DAWN D. v. SUPERIOR COURT

Docket No. S060966.

17 Cal.4th 932 (1998)

DAWN D., Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JERRY K., Real Party in Interest.

Supreme Court of California.

April 6, 1998.

Attorney(s) appearing for the Case

COUNSEL

Sharon J. Waters, Diane Catran Roth and Andrew I. Roth for Petitioner.

William C. Katzenstein, County Counsel, Robert M. Pepper, Principal Deputy County Counsel, and Lucy J. Furuta, Deputy County Counsel, for Respondent.

Lawrence J. La Rocca and Marjorie G. Fuller for Real Party in Interest.

OPINION

WERDEGAR, J.

In this case we determine whether the presumption created by Family Code section 76111 and the standing rule embodied in section 76302 constitutionally may be applied to preclude an alleged biological father from establishing his paternity of a child born during the mother's marriage to another man. The husband...

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