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WITSO v. OVERBY

No. C6-99-1618.

609 N.W.2d 618 (2000)

In re the Matter of Benjamin G. WITSO, Respondent, v. Mary C. OVERBY, et al., Appellants.

Court of Appeals of Minnesota.

March 9, 2000.

Attorney(s) appearing for the Case

Susan A. Daudelin, Walling & Berg, P.A., Minneapolis, for respondent.

John R. Hill, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for appellants.

Considered and decided by DAVIES, Presiding Judge, LANSING, Judge, and HARTEN, Judge.

OPINION

DAVIES, Judge

FACTS

Respondent Benjamin Witso brought this action in April 1999 to establish that he was the father of M.R.O., a child born to appellant Mary Overby in April 1998. Mary Overby is—and was at the time of the conception and birth—married to appellant James Overby. She concedes she had sexual relations with respondent about the time of M.R.O.'s conception.

The Overbys moved to dismiss Witso's paternity...

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