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STATE EX REL. AFSD v. BARNEY

D8407-65391; CA A36188.

723 P.2d 372 (1986)

80 Or. App. 675

STATE of Oregon, ex rel. ADULT AND FAMILY SERVICES DIVISION, Respondent, v. Theodore Larry BARNEY, Appellant.

Court of Appeals of Oregon.

Decided August 13, 1986.

Attorney(s) appearing for the Case

Terence McLaughlin, Inmate Legal Services, Inc., Salem, argued the cause and filed briefs for appellant.

James E. Mountain, Sol. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., Jeff Bennett and Jefry VanValkenburgh, Asst. Attys. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

This is a filiation proceeding initiated by the Adult and Family Services Division. ORS 109.124 et seq. The trial court entered a judgment establishing paternity. Respondent appeals. He contends that, as applied, ORS 109.252 violates his free exercise of religion under the state and federal constitutions. We reverse and remand on statutory grounds.

The trial court ordered respondent to submit a sample of his blood for testing....

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