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IN RE E.B.

No. 101537.

729 S.E.2d 270 (2012)

In re E.B., A Minor. Michael J. Lewis, Secretary, West Virginia Department of Health and Human Resources, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided June 21, 2012.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq. , Attorney General, Mary McQuain, Esq. , Assistant Attorney General, DHHR Division/Bureau for Medical Services, Charleston, WV, for Petitioner.

Kevin M. Pearl, Esq. , Michael G. Simon, Esq. , Frankovitch, Anetakis, Colantonio & Simon, Weirton, WV, Louis Bograd, Esq. , Washington, DC and Max Freeman, Esq. , Lawrence Lassiter, Esq. , Miller Weisbrod, LLP, Dallas, TX, Pro Hac Vice, for Respondent.

David J. Sims, Esq. , Sims Law Offices, Wheeling, WV, Guardian ad litem.

BENJAMIN, Justice:

The instant action is before this Court upon the appeal of Michael Lewis, Secretary, West Virginia Department of Health and Human Resources, (hereinafter "DHHR"),1 intervenor below, from a final order entered on July 12, 2010, in an infant summary proceeding under W. Va.Code § 44-10-14 (2002). In its order, the circuit court granted the motion of Respondent, Holly G.,2 for allocation...

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