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BOYNS v. DEPARTMENT OF PUBLIC WELFARE

360 Mass. 600 (1971)

276 N.E.2d 716

RUTHANNE BOYNS vs. DEPARTMENT OF PUBLIC WELFARE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1971.

Attorney(s) appearing for the Case

Joseph P. Roman, Jr., for the petitioner, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

QUIRICO, J.

By this petition for a writ of habeas corpus the petitioner seeks the return to her of her minor daughter who she alleges is being withheld from her unlawfully by the respondents. The case is before us on the petitioner's appeal and the exceptions to the denial of her petition.

The parties stipulated to the following facts. In April, 1970, the petitioner transferred custody of her minor daughter to the respondents under a voluntary agreement

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