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NELSON v. DEPARTMENT OF PUBLIC ASSISTANCE

No. 12322.

139 S.E.2d 373 (1964)

Lillian NELSON v. DEPARTMENT OF PUBLIC ASSISTANCE OF RALEIGH COUNTY, West Virginia.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1964.

Dissenting Opinion December 18, 1964.

Attorney(s) appearing for the Case

Thornhill, Thornhill & Kennedy, W. A. Thornhill, III, Beckley, for plaintiff in error.

C. Donald Robertson, Atty. Gen., Frank Ellison, Asst. Atty. Gen., Charleston, for defendant in error.

BERRY, Judge:

This habeas corpus proceeding was instituted in the Circuit Court of Raleigh County, West Virginia, by the petitioner Lillian Nelson against the Department of Public Assistance of Raleigh County, West Virginia, to obtain the custody of her illegitimate child which was voulntarily relinquished to the West Virginia Department of Welfare, Division of Child Welfare of West Virginia. The Circuit Court, after hearing had thereon, found that it was for the...

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