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STATE, DEPT. OF HUMAN SERVICES v. WEBSTER

398 A.2d 792 (1979)

STATE of Maine DEPARTMENT OF HUMAN SERVICES v. Carl Henry WEBSTER.

Supreme Judicial Court of Maine.

March 2, 1979.

Attorney(s) appearing for the Case

Kate Clark Flora (orally), Asst. Atty. Gen., Augusta, for plaintiff.

Theodore K. Hoch (orally), Bath, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.

GODFREY, Justice.

Appellee Webster acknowledged paternity of a child born out of wedlock in July, 1974. Although appellee did not marry the child's mother, he formally acknowledged paternity in order to legitimate the child for purposes of intestate succession. See 18 M.R.S.A. § 1003 (1964).

In May of 1977, appellant State of Maine brought a petition in Superior Court, alleging that the child was being supported by

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