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STATE OF MAINE EX REL. FABIAN v. FABIAN

No. 7393.

116 N.H. 516 (1976)

STATE OF MAINE EX REL. RITA M. FABIAN v. FRED H. FABIAN.

Supreme Court of New Hampshire.

August 31, 1976.

Attorney(s) appearing for the Case

David H. Souter, attorney general, and John T. Pappas, assistant attorney general (Mr. Pappas orally), for the State.

Devine, Millimet, Stahl & Branch and Silas Little III (Mr. Shane Devine orally) for the defendant.

DUNCAN, J.

This petition is brought by the State of Maine, Department of Health & Welfare, under the provisions of RSA ch. 546, the Uniform Reciprocal Enforcement of Support Law, on behalf of Michelle Fabian, the minor child of Rita Fabian, both residents of Kittery, Maine. The defendant interposed by way of special plea the defense of "res judicata and/or collateral estoppel" relying upon a divorce proceeding in which the defendant had been granted a divorce...

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