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STATE, EX REL. DAVID ALLEN B. v. SOMMERVILLE

No. 22874.

459 S.E.2d 363 (1995)

194 W.Va. 86

STATE of West Virginia, ex rel. DAVID ALLEN B., Petitioner, v. The Honorable A.L. SOMMERVILLE, Jr., Judge of the Circuit Court of Webster County; West Virginia Department of Human Services; David Lloyd K.; and Edzel and Shirley K., Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1995.

Attorney(s) appearing for the Case

Howard J. Blyler, Cowen, for petitioner David Allen B.

Robert Reed Sowa, Sutton, for Dept. of Human Services.

Joyce Helmick Morton, Webster Springs, guardian ad litem, for David Lloyd K.

Michael C. Farber, Sutton, for Edzel and Shirley K.

RECHT, Justice:

David Allen B. seeks a Writ of Prohibition to prevent the Circuit Court of Webster County from enforcing a portion of its final order requiring DNA fingerprinting blood testing to determine whether David Allen B. is the biological father of David Lloyd K.1

The factual pattern in the case sub judice presents another dimension to the use of blood test evidence to disestablish paternity. Cf. Michael K.T....

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