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BIRCHER v. FOSTER

No. 3101.

378 P.2d 901 (1963)

Andy E. BIRCHER, Appellant (Plaintiff below), v. Dean FOSTER, Appellee (Defendant below).

Supreme Court of Wyoming.

February 21, 1963.

Attorney(s) appearing for the Case

Hufsmith & Burns, Robert A. Hufsmith, Jackson, for appellant.

Brooke Wunnicke of Williams, Wunnicke & Fennell, Cheyenne, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

This is an action for wrongful death arising out of an automobile accident wherein Jerry Bircher, son of plaintiff, was killed while a passenger in a vehicle being driven by defendant. Plaintiff filed complaint on August 7, 1961, just before the expiration of the two-year period of limitation prescribed by § 1-1066, W.S. 1957,1 alleging:

"1. That the plaintiff brings...

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