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McCLAIN v. McCLAIN

96-2190; CA A98294.

958 P.2d 909 (1998)

155 Or. App. 258

Daniel A. McCLAIN, Appellant, v. Susan M. McCLAIN, nka Susan M. Phillips, Respondent, and State of Oregon, Department of Human Resources, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided July 15, 1998.

Attorney(s) appearing for the Case

James D. Huffman argued the cause for appellant. With him on the brief were Mary T. O'Hanlon and Olsen & Huffman.

John F. Hunnicutt argued the cause and filed the brief for respondent.

James R. George, Assistant Attorney General, argued the cause for intervenor respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, P.J., and DEITS, C.J., and HASELTON, J.

PER CURIAM.

Father sought a judgment declaring that he is not the father of respondent mother's child and setting aside a 1992 judgment of dissolution to the extent that it decides paternity. Father alleged that the judgment was procured by fraud because mother lied when she told him that he was the father of the child. The trial court granted mother's motion to dismiss, holding that father had failed to plead any facts alleging extrinsic fraud. The trial court did...

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