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BRITT v. SEARS

No. 371A41.

277 N.E.2d 20 (1971)

Kenneth BRITT, Appellant, v. Woodrow W. SEARS, Appellee.

Appellate Court of Indiana, Division No. 2.

Rehearing Denied February 2, 1972.

Attorney(s) appearing for the Case

F. Boyd Hovde, Indianapolis, for appellant; Townsend, Hovde & Townsend, Indianapolis, of counsel.

William O. Schreckengast, Edward E. Brown, Beech Grove, for appellee; Kitley, Schreckengast & Davis, Beech Grove, of counsel.

WHITE, Judge.

The sole question presented in this appeal is whether, as against a motion to dismiss, an action may be maintained by a father for the wrongful death of a stillborn child alleged to be "a full term healthy male capable of independent life" with which its mother "was ... [at the time of its fatal injury] nine months and one week pregnant." The statute on which the action here involved is predicated is IC 1971, 34-1-1-8, Ind. Ann. Stat. § 2-217 (Burns...

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