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STATE EX REL. MORAN v. RUSHMAN

6099-20334; A109916

33 P.3d 999 (2001)

177 Or. App. 290

STATE of Oregon ex rel Danielle S. MORAN, Appellant, v. Clark D. RUSHMAN, Respondent.

Court of Appeals of Oregon.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Ernest Lundeen argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

The state appeals from a judgment that dismissed its petition to establish that respondent is the father of mother's child.1 The court based its judgment on an order that granted summary judgment to respondent on the ground that a marriage dissolution judgment between respondent and mother precluded the state from establishing respondent's paternity in this proceeding. We reverse.

The material facts are undisputed...

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