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OLEJNICZAK v. WHITTEN

No. 41898.

605 S.W.2d 142 (1980)

Thomas W. OLEJNICZAK and Sharon A. Olejniczak, Plaintiffs-Appellants, v. J. S. WHITTEN, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion to Transfer Denied July 18, 1980.

Application to Transfer Denied September 9, 1980.

Attorney(s) appearing for the Case

James E. Reeves, Ward & Reeves, Caruthersville, for plaintiffs-appellants.

A. M. Spradling, Jr., Cape Girardeau, and Douglas Greene, III, Springfield, for defendant-respondent.

CLEMENS, Senior Judge.

Action by husband and wife for the wrongful death of their unborn child, allegedly caused by defendant doctor's negligence. On defendant's motion the trial court dismissed the petition for failure to state a cause of action. Plaintiffs appeal; we affirm.

Our wrongful death statute, Section 537.080, RSMo. 1969, provides recovery for wrongful death of a person. State ex rel. Hardin v. Sanders, 538 S.W.2d 336

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