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QUINN v. WALTERS

CC A91-010. CA A71493; SC S40020.

881 P.2d 795 (1994)

320 Or. 233

In the Matter of the Adoption of Loren Kyle Edgar Quinn, a Minor. Peter Gordon QUINN and Kylene Johnson Quinn, Petitioners on Review, v. Maki WALTERS, Respondent on Review.

Supreme Court of Oregon.

Reassigned June 22, 1994.

Decided October 6, 1994.

Attorney(s) appearing for the Case

Thomas V. Dulcich, of Schwabe, Williamson & Wyatt, Portland, argued the cause for petitioners on review. With him on the petition was Mildred J. Carmack.

Craig J. Dorsay, of Meyer & Wyse, Portland, argued the cause and filed the response for respondent on review.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and GRABER, JJ.

GRABER, Justice.

This is an adoption proceeding. The first issue presented is whether there was sufficient admissible evidence in the record that the child whose adoption is sought is an "Indian child" within the meaning of the Indian Child Welfare Act of 1978 (ICWA), 25 USC § 1901 et seq.1 If there was sufficient evidence on that point, the second issue is whether a provision of ICWA, relating to a biological parent's right...

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