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STATE EX REL. MILLER v. LOCKE

No. 14267.

253 S.E.2d 540 (1979)

STATE ex rel. Martin Lee MILLER, Sr., et al. v. Hon. Kermit A. LOCKE, Circuit Judge, et al.

Supreme Court of Appeals of West Virginia.

April 10, 1979.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for relators.

Chauncey H. Browning, Jr., Atty. Gen., Richard L. Withers, Sp. Asst. Atty. Gen., Charleston, for respondents.

PER CURIAM:

In this habeas corpus proceeding the relators challenge the constitutionality of W.Va. Code, 49-6-3, the emergency taking provision of the West Virginia Child Welfare Act. After carefully considering the arguments of counsel, we conclude that the statute is constitutional on its face.

On June 15, 1978, respondent, Judge Locke, ordered that custody of infant Elvis Jay Miller be temporarily transferred from the relators, his natural parents...

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