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PEOPLE EX REL. McCOY v. SHERMAN

No. 4-83-0488.

123 Ill. App.3d 444 (1984)

462 N.E.2d 817

THE PEOPLE ex rel. NANCY McCOY, Plaintiff-Appellant, v. TERRY SHERMAN, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed April 4, 1984.

Attorney(s) appearing for the Case

Basil G. Greanias, State's Attorney, of Decatur (Thomas M. Vaught, Assistant State's Attorney, of counsel), for appellant.

Brown, Hawkins, Basola & Mattingley, of Decatur (Rex L. Brown, of counsel), for appellee.

Reversed and remanded.

JUSTICE MILLER delivered the opinion of the court:

• 1 An Illinois statute requires that paternity actions be commenced during pregnancy or the child's first two years of life; the major question in this appeal concerns the constitutionality of that time limit. The plaintiff, whose paternity action was dismissed because it had been filed more than two years after the birth of the child, argues that the two-year period of limitations...

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