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WITSO v. OVERBY

No. C6-99-1618.

627 N.W.2d 63 (2001)

In re the Matter of Benjamin G. WITSO, Respondent, v. Mary C. OVERBY, et al., Petitioners, Appellants.

Supreme Court of Minnesota.

June 7, 2001.

Attorney(s) appearing for the Case

John Robinson Hill, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for appellants.

Susan Anne Daudelin, Walling & Berg, P.A., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

Respondent Benjamin Witso (Witso) seeks custody and visitation rights with his putative child M.R.O. and petitioned under the Minnesota Parentage Act (MPA)1 for a court order to compel the child's mother, appellant Mary Overby (Overby), and M.R.O. to undergo blood or genetic testing to determine whether he is a presumed biological father of M.R.O. The district court granted Witso's petition but, on...

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