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MATTER OF MARRIAGE OF SLEEPER

(CC 9403-62065; CA A89844; SC S43959)

982 P.2d 1126 (1999)

328 Or. 504

In the Matter of the MARRIAGE OF Royal Melvin SLEEPER, Respondent on Review, and Rose Mistyca Sleeper, nka Rose Mistyca Madris, Petitioner on Review.

Supreme Court of Oregon.

Decided May 20, 1999.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the petition for petitioner on review.

Philip F. Schuster, II, of Dierking & Schuster, Portland, argued the cause and filed the brief on the merits for respondent on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.

KULONGOSKI, J.

In this marital dissolution action, the circuit court awarded custody of the parties' two children to husband. Wife appealed, assigning error to that award of custody. She denied that husband was the biological father of the children and argued that, because the custody dispute involved a biological parent and a person who is not a biological parent, the "compelling reasons" standard announced in Hruby and Hruby, 304 Or. 500

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