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DOWNTOWN NURSING HOME, INC. v. POOL

78-474.

375 So.2d 465 (1979)

DOWNTOWN NURSING HOME, INC. v. Benjamin E. POOL, as Administrator of the Estate of Eddie B. Parker, Deceased.

Supreme Court of Alabama.

September 28, 1979.

Attorney(s) appearing for the Case

Thomas H. Keene, Montgomery, for appellant.

Benjamin E. Pool, Montgomery, for appellee.

ALMON, Justice.

This is an appeal from an order denying the defendant's motion for a summary judgment. Permission to appeal from the interlocutory order was granted pursuant to Rule 5, ARAP.

The issue is whether one who is not an administrator or executor of the estate of the deceased may maintain an action for wrongful death under Code 1975, § 6-5-410. An additional inquiry is whether, under the circumstances...

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