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STATE EX REL. DEPT. OF HEALTH v. CLINE

No. 23411.

475 S.E.2d 79 (1996)

197 W.Va. 79

STATE of West Virginia ex rel. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, CHILD SUPPORT DIVISION, on Behalf of LAURA F.M. and Joseph Charles C., Plaintiff Below, Petitioner, v. Honorable Danny O. CLINE, Judge of The Circuit Court of Braxton County, and Mark Edward C., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 8, 1996.

Attorney(s) appearing for the Case

Ilene S. Schnall, Deputy In-House Counsel, West Virginia Department of Health and Human Resources, Child Support Enforcement Division, Charleston, for Petitioner.

Bernard R. Mauser, Sutton, for Respondent, Mark Edward C.

WORKMAN, Justice:

This case is before the Court upon the petition of the West Virginia Department of Health and Human Resources, Child Support Enforcement Division ("CSED" or "Petitioner"), seeking to prohibit a paternity test ordered on January 23, 1996, by the Respondent, the Honorable Danny O. Cline, Judge of the Circuit Court of Braxton County, West Virginia. The Petitioner contends that the circuit court erred in concluding that the subject child, mother and...

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