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BALDWIN v. BUTCHER

No. 12930.

184 S.E.2d 428 (1971)

Oren L. BALDWIN, as Administrator of the Estate of Michael Allen Baldwin, Deceased v. Joseph BUTCHER, Jr., et al.

Supreme Court of Appeals of West Virginia.

Decided June 22, 1971.

Dissenting Opinion July 2, 1971.

Rehearing Denied November 22, 1971.

Attorney(s) appearing for the Case

Greene, Ketchum & Baker, Menis E. Ketchum, Huntington, for appellant.

Campbell, Woods, Bagley, Emerson, McNeer & Herndon, C. F. Bagley, R. G. McNeer, Huntington, for appellees.

HAYMOND, Judge.

The sole question to be determined upon this appeal from the final judgment of the Circuit Court of Cabell County rendered October 24, 1969, which dismissed the action of the plaintiff, Oren L. Baldwin, Administrator of the estate of Michael Allen Baldwin, deceased, a stillborn child, is whether under Sections 5 and 6, Article 7, Chapter 55, Code, 1931, as amended, known as the wrongful death statute of this State, an action may be maintained for the...

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