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MATTER OF ROBERTS

Civ. 1258.

349 So.2d 1170 (1977)

In the Matter of Anthony Louis ROBERTS, III, a child under eighteen years of age. Ex parte the DEPARTMENT OF PENSIONS AND SECURITY of the State of Alabama.

Court of Civil Appeals of Alabama.

September 12, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Mary Lee Stapp and Clyde P. McLendon, Asst. Attys. Gen., Montgomery, and Robert E. Gibney of Kilborn & Gibney, Mobile, for petitioner.

David S. Conrad and Ian F. Gaston, Mobile, for respondents.

PER CURIAM.

This is an adoption case.

The Probate Court of Mobile County conditionally granted the Whitneys' petition of adoption with the order to become final six months thereafter as provided by the statute. The Department of Pensions and Security [hereinafter D.P.S.] has sought relief from the order of the Probate Court of Mobile County by writ of mandamus. The relief sought by D.P.S. is the setting aside of the probate court's order.

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