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STATE EX REL. MAESCHEN v. WITTSTRUCK

No. 14800.

377 N.W.2d 137 (1985)

STATE of South Dakota ex rel. Sharen MAESCHEN, Plaintiff and Appellee, v. Randall WITTSTRUCK, Defendant and Appellant, and Sharen Maeschen, Defendant.

Supreme Court of South Dakota.

Decided November 13, 1985.

Attorney(s) appearing for the Case

Shelley B. Heller, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

James F. Margadant of Mahan Law Offices, Parkston, for defendant and appellant.

HERTZ, Acting Justice.

This is an appeal from a judgment establishing Randall Wittstruck, (Wittstruck), appellant, the father of the minor twin daughters of Sharen Maeschen, (Maeschen), appellee, and holding him obligated to repay the sum of $8,696.97 to the State of South Dakota, (State), appellee, for Aid to Dependent Children payments advanced on behalf of the minor children. We reverse.

Paternity actions brought pursuant to SDCL Ch. 25-8 et seq., are civil...

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