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YOW v. NANCE

No. 7520SC1006.

224 S.E.2d 292 (1976)

29 N.C. App. 419

Larry Walker YOW, Administrator of the Estate of Nelson Allen Yow, Deceased, et al. v. R. W. Lloyd NANCE.

Court of Appeals of North Carolina.

Certiorari Denied June 17, 1976.

Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills, P. A. by W. Erwin Spainhour, Concord, for plaintiffs-appellants.

Golding, Crews, Meekins, Gordon & Gray by Fred C. Meekins, Charlotte, for defendant-appellee.

Certiorari Denied by Supreme Court June 17, 1976.

VAUGHN, Judge.

This action was started to recover damages for the wrongful death of a viable unborn child, who was eight and one-half months developed at the time of the fatal accident.

The trial judge allowed defendant's motion to dismiss filed under Rule 12(b)(6) and (c).

In a case of first impression, Cardwell v. Welch, 25 N.C. App. 390,

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