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STATE EX REL. DHS v. BENJAMIN P.B.

No. 21605.

436 S.E.2d 627 (1993)

190 W.Va. 81

STATE of West Virginia ex rel. DIVISION OF HUMAN SERVICES, on Behalf of BREEZY R.M., Who Sues by Her Next Friend, MARY C.M., Plaintiff Below, Appellant, v. BENJAMIN P.B., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 18, 1993.

Attorney(s) appearing for the Case

Sallie H. Tweel, Child Advocate Office, Charleston, for appellant.

W.T. Weber, Jr., Weston, for appellee.

BROTHERTON, Justice:

This petition for appeal evolves from an order entered by the Circuit Court of Lewis County, West Virginia, on August 5, 1992. On that date, the court entered the recommended order of paternity, which dismissed with prejudice the paternity action filed by Breezy R.M., by her next friend, Mary C.M., and the Child Advocate Office, because the blood test results excluded the defendant, Benjamin P.B., as the biological father of the infant child,...

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