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KINSLOW v. COOK

No. 1-1274A184.

333 N.E.2d 819 (1975)

Lathia C. KINSLOW et al., Plaintiffs-Appellants, v. Melvin D. COOK, M.D., and Board of Trustees of Floyd County Memorial Hospital, Defendants-Appellees.

Court of Appeals of Indiana, First District.

September 8, 1975.

Attorney(s) appearing for the Case

Donald R. Forest, McDaniel, Forrest Young & McDaniel, New Albany, John E. Wise, Louisville, for plaintiffs-appellants.

Orbison, O'Connor, MacGregor & Mattox, New Albany, for defendants-appellees.

ROBERTSON, Chief Judge.

The plaintiff-appellant (Mrs. Kinslow) is appealing the trial court's ruling dismissing her as a plaintiff in a case arising from her sixteen year old son's death.

In view of our decision to reverse we find it necessary to discuss but one issue involving the constitutionality of that part of IC 1971, 34-1-1-8 (Burns Code Ed.) which reads:

"A father, or in case of his death, or desertion...

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