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FOSTER v. MEMORIAL HOSP. ASS'N OF CHARLESTON

No. 13450.

219 S.E.2d 916 (1975)

Ethel FOSTER et al. v. MEMORIAL HOSPITAL ASSOCIATION OF CHARLESTON.

Supreme Court of Appeals of West Virginia.

November 25, 1975.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano and W. C. Field, Charleston, for appellants.

Wilson Anderson, Charleston, for appellee.

NEELY, Justice:

At first blush this case would appear to be one of first and last impression in West Virginia; however, it presents a theoretical problem with regard to the law of warranty which may have continuing importance in analogous situations.

In 1970, the appellants, Ethel Foster and Freeman R. Foster, sued the defendant, Memorial Hospital Association of Charleston, for breach of warranty arising from a...

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