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Ernest and Regina Twigg of Langhorne, Pa. District Court one day after a Sarasota County Circuit Court judge refused to delay proceedings in which the couple is seeking a court-ordered blood test on a year-old girl who is the center of the controversy.

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The Twiggs claim they were given the Mays's. Arlena, the child the Twiggs raised, was sickly and died of a heart ailment in Augustand they said genetic tests proved she was not their daughter.

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Hospital records show Arlena and Kimberly were the only two white children born at Hardee Memorial during the period in question and the Twiggs want blood tests to confirm Kimberly's lineage. The girls were born three days apart.

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The suit filed Friday named as defendants the Hospital District of Hardee County, doing business as Hardee Memorial Hospital, the Florida Patient's Compensation Fund, and 'not yet identified employees' of the hospital district. The suit said the compensation fund was created by the state to provide liability insurance coverage for claims such as those asserted in the legal action.

The Twiggs allege their daughter was switched with the Mays infant through negligence on the part of hospital personnel. In trying to delay the blood test, Robert Mays's attorney, Arthur Ginsburg, told Circuit Judge Andy Owens that the Twiggs failed to adequately address the issue of whether Kimberly will be harmed by the proceedings. But Owens refused Thursday, saying that question would be at the heart of any trial and need not be detailed in a preliminary finding.

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Ginsburg is scheduled to take depositions from the Twiggs next month, and their attorney, John Blakely, has scheduled depositions from Robert Mays and Cynthia Tanner Mays, his second wife from whom he is divorced. Kimberly's alleged mother died of cancer when the child was young and she has been raised by Robert Mays. The lawyers indicated Thursday they are trying to arrange informal negotiations that might resolve the issue before trial.

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Mays said he might allow a genetic test to determine parentage if the only consequence is that she would visit the Twiggs. But he said he would fight any effort to share custody.

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