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STATE EX REL. HARDIN v. SANDERS

No. 59362.

538 S.W.2d 336 (1976)

STATE of Missouri ex rel. Gary HARDIN, Relator, v. Honorable James L. SANDERS, Chief Judge and Judge of Division No. 1, Circuit Court of the City of St. Louis, vice Honorable William E. Buder, Retired, Respondent.

Supreme Court of Missouri, En Banc.

July 12, 1976.

Attorney(s) appearing for the Case

James J. Amelung, Stephen D. Hoyne, Amelung, Wulff & Willenbrock, St. Louis, for relator.

Stefan J. Glynias, Clayton, for respondent.

HOLMAN, Judge.

The question for decision in this case is whether there can be a recovery under the Missouri Wrongful Death Act, Section 537.080, V.A.M.S. for the wrongful death of a viable1 child or fetus born dead as a result of injuries negligently inflicted en ventre sa mere.2 This is a question of first impression in Missouri.

Bobbie Jo and Gerald Holdner...

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