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STATE EX REL. LEMASTER v. OAKLEY

No. 13446.

203 S.E.2d 140 (1974)

STATE ex rel. Clyde E. LEMASTER et al. v. Honorable Harvey OAKLEY, Judge, etc. and Edwin F. Flowers, Commissioner, etc.

Supreme Court of Appeals of West Virginia.

Decided March 12, 1974.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, James M. Cagle, Appalachian Research and Defense Fund, Logan, for relators.

Chauncey H. Browning, Jr., Atty. Gen., Cletus B. Hanley, Deputy Atty. Gen., Phillip D. Gaujot, Asst. Atty. Gen., Charleston, for respondents.

HADEN, Justice:

Clyde E. and Patricia A. Lemaster, indigent parents of Billy Joe, their infant son of almost three years, invoke the original jurisdiction of this Court and seek a writ of habeas corpus against the Honorable Edwin F. Flowers, Commissioner of the Department of Welfare. The object of their petition is to regain the custody of the infant from the department, which has held temporary custody of Billy Joe since June 1971, pursuant to intermittent orders...

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