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COVINGTON v. COX

Docket No. 77-869.

82 Mich. App. 644 (1978)

267 N.W.2d 469

COVINGTON v. COX

Michigan Court of Appeals.

Decided April 18, 1978.

Attorney(s) appearing for the Case

L. Brooks Patterson, Prosecuting Attorney, and Elizabeth A. Kulesz, Assistant Prosecuting Attorney, for plaintiff.

Gary A. Rossi, for defendant.

Before: N.J. KAUFMANN, P.J., and D.E. HOLBROOK, JR. and D.F. WALSH, JJ.

D.F. WALSH, J.

Defendant appeals from an order of filiation and support entered after a nonjury trial in a paternity action brought pursuant to MCLA 722.711 et seq.; MSA 25.491 et seq. He raises four issues:

I. In a paternity action can defendant's right to trial by jury be waived by failure to demand it?

II. Did the presence in the court file of defendant's application for blood tests render the trial judge unfit to sit as the trier...

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