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GRUETT v. NESBITT

(97-5353-B-2 and 98-2454-F-2; CA-A103925)

17 P.3d 1090 (2001)

172 Or. App. 113

In the Matter of the Adoption of Alexandra Rose Nesbitt, a minor child. Carl O. GRUETT, Appellant, v. Jaysa NESBITT, Respondent, and PLAN International Adoption Services, Inc., an Oregon corporation, David Dunn and Elizabeth Dunn, husband and wife, Third-Party Respondents-Respondents.

Court of Appeals of Oregon.

Decided January 24, 2001.

Attorney(s) appearing for the Case

Michael A. Neal, Salem, argued the cause for appellant. Brian A. Buchanan filed the brief.

James A. Wallan, Medford, argued the cause for third-party respondents-respondents David and Elizabeth Dunn. With him on the brief was Hornecker, Cowling, Hassen and Heysell, L.L.P.

No appearance for respondent Jaysa Nesbitt.

No appearance for third-party respondent-respondent PLAN International Adoption Services, Inc.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judges.

HASELTON, P.J.

The biological father (father) of Alexandra Rose Nesbitt (child) appeals from a directed verdict in favor of the Dunns (adoptive parents) in a consolidated filiation and adoption proceeding that resulted in the entry of an adoption judgment. Father asserts that the trial court erred in holding that the adoption could proceed notwithstanding fraudulent conduct by the adoption agency. Adoptive parents respond that the trial court correctly applied the...

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