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STATE, EX REL. DEPT. OF HUMAN SERV. v. DAVIS

No. 14209.

654 P.2d 1038 (1982)

99 N.M. 138

STATE of New Mexico, ex rel. DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellant, v. Henry J. DAVIS, Respondent-Appellee.

Supreme Court of New Mexico.

November 22, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Dorsett C. Bennett, II, Asst. Atty. Gen., Roswell, for petitioner-appellant.

Cox, Imke & Proctor, Max Houston Proctor, Hobbs, for respondent-appellee.

OPINION

SOSA, Senior Justice.

The State brought this action pursuant to Section 40-5-7, N.M.S.A. 1978, to have the respondent, Henry Davis, declared to be the legal father of Adriane Clay and to obtain payment for prior and future public assistance payments made on the child's behalf by the Department of Human Services. After a hearing on respondent's motion to dismiss, the district court dismissed the cause of action with prejudice on the ground that the...

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