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IN RE PATERNITY OF J.M.K.

No. 90-1152.

160 Wis.2d 429 (1991)

465 N.W.2d 833

IN RE the PATERNITY OF J.M.K.: STATE of Wisconsin EX REL. K.F.K., Petitioner-Appellant. v. D.P.K., Respondent.

Court of Appeals of Wisconsin.

Decided January 23, 1991.

Attorney(s) appearing for the Case

On behalf of petitioner-appellant, the cause was submitted on the briefs of Robin James Stowe, corporation counsel, of Antigo.

On behalf of respondent, the cause was submitted or the brief of Paul J. Payant of Sommer, Olk & Schroeder of Antigo.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The state appeals a judgment denying its motion to set aside the jury's verdict that D.P.K. is not the biological father of the child in question or, in the alternative, order a new trial, arguing that the jury should have been instructed that D.P.K. is rebuttably presumed to be the father pursuant to sec. 767.48(1m), Stats. Because two different sets of blood tests with conflicting statistical results as to the probability of parentage were presented...

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