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STATE EX REL. STATE DEPT. OF WELFARE v. SMITH

No. 14993.

275 S.E.2d 918 (1981)

STATE ex rel. STATE DEPARTMENT OF WELFARE, Assignee of Judy Wright v. Hon. Robert K. SMITH, Judge, Circuit Court, Kanawha County.

Supreme Court of Appeals of West Virginia.

March 10, 1981.

Attorney(s) appearing for the Case

R. Joseph Zak, Sp. Asst. Atty. Gen., Charleston, for relator.

NEELY, Justice:

This writ of mandamus presents a question of first impression under the recently enacted statute, W.Va.Code, 9-3-4 [1979], which requires recipients of financial assistance under state and federal assistance to assign their support obligations to the State Department of Welfare. The question presented is whether the statute grants the State Department of Welfare standing necessary to enforce that assignment. While the question is novel, it is...

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