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RUGGIERO v. MANCHIN

No. 71-1657.

456 F.2d 1282 (1972)

Anthony J. RUGGIERO, Executor of the Last Will and Testament of Antoinetta Ruggiero, Deceased, Appellee, v. John MANCHIN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1972.

Attorney(s) appearing for the Case

Alfred J. Lemley, Fairmont, W. Va. (Russell L. Furbee, Alan B. Mollohan, and Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., on brief), for appellant.

Paul E. Parker, Jr., Fairmont, W. Va., and Clarence M. Rogers, Clarksburg, W. Va., for appellee.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

PER CURIAM:

John Manchin appeals from a judgment awarding damages for the death of Antoinetta Ruggiero. His principal claim is that Mrs. Ruggiero's husband was not her dependent distributee within the meaning of West Virginia's Wrongful Death Act. The district court ruled he was, and we affirm.

The evidence disclosed that Mr. Ruggiero was self-employed as an interior decorator and his earnings adequately supported his family. Mrs. Ruggiero performed all the...

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