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TENN. DEPT. OF HUMAN SERVICES v. SHELTON

671 S.W.2d 29 (1984)

TENNESSEE DEPARTMENT OF HUMAN SERVICES, Assignee of Sybil G. Taylor, Plaintiff-Appellant, v. John B. SHELTON, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

May 21, 1984.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., Susan C. Short, Asst. Atty. Gen., Nashville, Mary E. Walker, Memphis, for plaintiff-appellant.

John K. Byrne, Memphis, for defendant-appellee.

OPINION

FONES, Justice.

This is a rule 11 appeal by the Tennessee Department of Human Services as assignee of Sybil G. Taylor [hereinafter TDHS]. The primary issue is whether under T.C.A. § 36-224 TDHS can bring an action to establish paternity of an unborn child.

The paternity petition in issue was filed by TDHS on September 2, 1979, in the Juvenile Court of Shelby County. On October 12, 1979, after defendant John B. Shelton denied paternity...

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