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STATE EX REL. CASH v. LIVELY

No. 13123.

187 S.E.2d 601 (1972)

STATE ex rel. Clyde J. CASH v. Frank A. LIVELY and Audrey Jewell Lively, his wife.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1972.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, George G. Guthrie, John H. Tinney, Charleston, for relator.

Lewis, Ciccarello, Masinter & Friedberg, Arthur T. Ciccarello, Martin J. Glasser, Charleston, for respondents.

CAPLAN, Judge:

Invoking the original jurisdiction of this Court the petitioner, Clyde J. Cash, seeks a writ of habeas corpus ordering the respondents, Frank A. Lively and Audrey Jewell Lively, his wife, to deliver to the petitioner the care, custody and control of Karen Kimberly Cash and Melinda Cheryl Cash. Upon the petition and its exhibits this Court issued a writ returnable September 28, 1971. The case was continued...

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