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LIZOTTE v. CLAY CTY. EX REL. CLAY CTY., ETC.

No. 50977.

302 N.W.2d 12 (1981)

Arlene LIZOTTE, Gregory Paul Lizotte and David Michael Lizotte, minors, by Roger Lizotte, their natural uncle and guardian ad litem, Appellant, v. CLAY COUNTY, ex rel. CLAY COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, Paul Asplin, Respondent, State of Minnesota, Commissioner of the Department of Public Welfare, Amicus Curiae.

Supreme Court of Minnesota.

January 2, 1981.

Attorney(s) appearing for the Case

Thysell, Gjevre, McLarnan, Hannaher, Vaa & Skatvold and Galen J. Vaa, Moorhead, for appellant.

Larry K. Mickelberg, County Atty. and Judith A. Cummings, Asst. County Atty., Moorhead, for Clay County.

Paul Asplin, pro se.

Warren Spannaus, Atty. Gen., St. Paul, for State of Minnesota.

Heard, considered, and decided by the court en banc.

TODD, Justice.

Arlene Lizotte gave birth to the minor plaintiffs out of wedlock. A paternity proceeding was commenced against Paul Asplin. A lump settlement of support payments was entered into by Asplin, Arlene Lizotte, and Clay County which included an admission of paternity. The settlement was approved by the court. Subsequently, the guardian of the minors brought this action to have the judgment and the satisfaction of the judgment declared null and void. The...

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