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BEVERAGE v. HARVEY

No. 78-1786.

602 F.2d 657 (1979)

Charles B. BEVERAGE, Jr., Administrator of the Estate of Gwendolyn Hicks, Deceased, Appellant, v. Fred Douglas HARVEY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1979.

Attorney(s) appearing for the Case

Thomas W. Williamson, Jr. and Emanuel Emroch, Richmond, Va. (Emanuel Emroch and Associates, Richmond, Va., on brief), for appellant.

J. W. Morris, III, Richmond, Va. (R. Hunter Manson, Browder, Russell, Little, Morris & Butcher, Richmond, Va., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

This action was brought on December 1, 1977, under the Virginia wrongful death statute, on behalf of the infant daughter of Gwendolyn Hicks. Gwendolyn Hicks, a passenger in a car driven by defendant, was injured in a motor vehicle collision (which occurred in Virginia on August 21, 1975) and died the next day. The action is obviously barred by the statute of limitations1 unless plaintiff can establish its...

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