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COUNTY OF ALAMEDA, STATE OF CAL. v. SMITH

No. D-3962.

867 S.W.2d 767 (1993)

COUNTY OF ALAMEDA, STATE OF CALIFORNIA, Petitioner, v. Rod L. SMITH, Respondent.

Supreme Court of Texas.

Rehearing Overruled February 2, 1994.

Attorney(s) appearing for the Case

Rhonda Amkraut Pressley, Charles G. Childress and Dan Morales, Austin, for petitioner.

Stanley Rentz, Waco, for respondent.

PER CURIAM.

In this case, we consider the effect of an alleged father's refusal to submit to paternity testing. The trial court concluded that the alleged father's failure to submit to testing shifted to him the burden of proof on the issue of paternity which effectively creates a presumption of fatherhood under section 13.06(d) of the Texas Family Code.1 The court of appeals reversed and remanded, holding that under section 13.06(d),...

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