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SILVIOUS v. HELMICK

No. 68-5-M.

291 F.Supp. 716 (1968)

Sandra Smith SILVIOUS, Administratrix of the Estate of Ervin Edward Silvious, Deceased, and Hepner Brothers, Inc., a corporation, Plaintiffs, v. Melvin HELMICK, Defendant.

United States District Court N. D. West Virginia.

October 4, 1968.

Attorney(s) appearing for the Case

Robert M. Steptoe, Avey & Steptoe, Martinsburg, W. Va., for plaintiffs.

Clarence E. Martin, Jr., Martinsburg, W. Va., for defendant.

MEMORANDUM

MAXWELL, Chief Judge.

Death resulted from the complained of automobile accident which occurred on March 17, 1967, in Hampshire County, West Virginia, and as the result of which Plaintiffs, deceased's Administratrix and employer, sue to recover for the wrongful death of deceased and for the employer's property damage.

Defendant's motion to dismiss alleges that the appointment of the Administratrix in this litigation, who is a resident of...

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