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LEACH v. ALFORD

No. 8216DC665.

304 S.E.2d 265 (1983)

Gladys LEACH and Priscilla Leach, Plaintiffs, v. Frank ALFORD, Defendant.

Court of Appeals of North Carolina.

July 5, 1983.

Attorney(s) appearing for the Case

McLean, Stacy, Henry & McLean, P.A. by William S. McLean, Lumberton, for plaintiffs-appellees.

Lumbee River Legal Services, Inc. by T. Diane Phillips, Pembroke, for defendant-appellant.

WHICHARD, Judge.

I.

The issue is whether, as a matter of law, the G.S. 110-132(b) (Cum.Supp.1981) provision that in a child support proceeding thereunder "[t]he prior judgment as to paternity shall be res judicata as to that issue and shall not be reconsidered by the court," establishes an absolute bar to relief pursuant to G.S. 1A-1, Rule 60(b)(6), from an acknowledgment of paternity which, by virtue of G.S. 110-132(a), has the force and effect of a judgment...

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