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DEPT. OF HUMAN SERVICES v. LOWATCHIE

569 A.2d 197 (1990)

DEPARTMENT OF HUMAN SERVICES v. Victor G. LOWATCHIE.

Supreme Judicial Court of Maine.

Decided January 30, 1990.

Attorney(s) appearing for the Case

James E. Tierney, Atty. Gen., Christopher C. Leighton, Asst. Atty. Gen. (orally), Augusta, for plaintiff.

Gerald F. Petruccelli (orally), Petruccelli, Cox & Martin, Portland, Henry N. Berry, III, South Portland, for defendant.

Before ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

CLIFFORD, Justice.

The defendant, Victor G. Lowatchie, appeals from the denial of a motion for summary judgment entered in the Superior Court (Cumberland County, Fritzsche, J.) in this paternity action brought by the Department of Human Services (Department).1 Lowatchie contends that an earlier paternity action brought against him by the Department that was dismissed in 1981 for want of prosecution pursuant to M.R.Civ.P. 41(b)(1...

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