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IN THE MATTER OF LEGITIMATION OF LOCKLEAR BY JONES

No. 157PA84.

334 S.E.2d 46 (1985)

314 N.C. 412

In the Matter of the LEGITIMATION OF Stanley LOCKLEAR by Earl JONES.

Supreme Court of North Carolina.

September 5, 1985.

Attorney(s) appearing for the Case

Lumbee River Legal Services, Inc. by William L. Davis, III, Pembroke, for petitioner-appellant.

Rufus L. Edmisten, Atty. Gen. by Debbie K. Wright, Associate Atty., Raleigh, for the State.

Amicus Curiae Civil Legal Assistance Clinic University of N.C., School of Law by Lucie E. White, Supervising Atty., Chapel Hill.

FRYE, Justice.

The issue to be decided in this case is whether the clerks of superior court have authority, pursuant to G.S. 49-10, to enter an order legitimating a minor child of a man who alleges that he is the child's natural father, if the child is presumed to be legitimate because he was born to his mother while she was lawfully married to another man. Our answer is yes, with the proviso that the issue of paternity must be submitted to and decided by a jury after...

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