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CTY. DEPT. OF PUB. WELFARE v. MORNINGSTAR

No. 18,948.

128 Ind. App. 688 (1958)

151 N.E.2d 150

COUNTY DEPARTMENT OF PUBLIC WELFARE OF ST. JOSEPH COUNTY ET AL. v. MORNINGSTAR ET AL.

Court of Appeals of Indiana.

Rehearing denied August 1, 1958.

Transfer denied September 30, 1958.

Attorney(s) appearing for the Case

Donald Patrick, Isadore D. Rosenfeld and Norman Kopec, all of South Bend, for appellants.

Samuel Schulman, of South Bend and F.L. Wiltrout, of Elkhart, for appellees.

ROYSE, J.

Appellees brought this action to set aside and annul a judgment of adoption on the ground the Department of Public Welfare of St. Joseph County made fraudulent misrepresentations to induce them to procure the adoption. (Hereinafter appellant County Board of Welfare will be referred to as the Board, and the appellant Shirley Anne DeSmith (Morningstar) as the child.)

The second amended complaint upon which this case was tried averred, in substance...

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