STATE EX REL. DHS v. BENJAMIN

No. 19492.

395 S.E.2d 220 (1990)

STATE of West Virginia ex rel. DIVISION OF HUMAN SERVICES, by MARY C.M., Individually and as its Assignee v. BENJAMIN P.B.

Supreme Court of Appeals of West Virginia.

June 28, 1990.


Attorney(s) appearing for the Case

W.T. Weber, Jr., Weston, for Benjamin P.B.

Bryan Frantz Greene, West Virginia Div. of Human Services, Child Advocate Bureau, Clarksburg, for Division of Human Services.


McHUGH, Justice:

This is an appeal by the appellant, Benjamin P.B.,1 of a final order of the Circuit Court of Lewis County entered on November 7, 1989, which rejected the family law master's recommendation to dismiss this paternity action on the grounds of res judicata. We conclude that this case must be remanded for further proceedings, as set forth herein.

I

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