ATTORNEY GENERAL OF TEXAS v. DUNCAN

No. 2-95-237-CV.

929 S.W.2d 567 (1996)

ATTORNEY GENERAL OF TEXAS, Appellant, v. Joe Ebony DUNCAN, Appellee.

Court of Appeals of Texas, Fort Worth.

August 29, 1996.


Attorney(s) appearing for the Case

Dan Morales, Attorney General, Rhonda Amkraut Pressley, Assistant Attorney General, Jorge Vega, First Assistant Attorney General, Charles G. Childress, Director, Child Support Division, Austin, for appellant.

Mark J. Rosenfield, Mike Windsor, Loe, Warren, Rosenfield, Kaitcer & Hibbs, Fort Worth, for appellee.

Before CAYCE, C.J., and DAY and LIVINGSTON, JJ.


OPINION

LIVINGSTON, Justice.

The Attorney General of Texas brought suit against Joe Ebony Duncan to establish his paternity of E.M., who is now fifteen years old. Duncan filed a motion for summary judgment, claiming that: 1) the Attorney General had failed to rebut the presumption that the man to whom E.M.'s mother was married at E.M.'s birth was E.M.'s father; 2) the Attorney General could not challenge...

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