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MOULTIS v. DEGEN

21770

279 S.C. 1 (1983)

301 S.E.2d 554

Ann E. MOULTIS, as Administratrix of the Estate of Carol A. Wludyka, a/k/a Carol A. Moultis, Appellant, v. Dr. Jerome B. DEGEN; Dr. J.A. McFarland; Dr. Robert M. Anderson; Dr. Harvey L. Burnett, Jr.; Dr. J.M. Davis; Mary B. Davis; the South Carolina National Bank and Mary B. Davis as Executors of the Estate of Dr. J.M. Davis; and Dr. Andrew E. Martin, Jr., Respondents.

Supreme Court of South Carolina.

March 24, 1983.

Attorney(s) appearing for the Case

James D. Cooper, Jr., of Ratchford, Cooper & Jonas, Columbia, for appellant.

Charles E. Carpenter, Jr., and Donald V. Richardson, III, both of Richardson, Plowden, Grier & Howser, Columbia, for respondents.

H. Fred Kuhn, Jr., of Moss, Bailey, Dore & Jessee, Beaufort and Robert R. Horger, of Horger, Horger & Barnwell, Orangeburg, for S.C. Trial Lawyers Ass'n, amicus curiae.

ORDER

This case is before us upon a Petition for Rehearing. Upon reconsideration, the Opinion of this Court, number 21770, filed July 29, 1982, is withdrawn and the following Opinion substituted therefor:

March 24, 1983.

HARWELL, Justice:

This appeal presents the question whether Section 21-15-640, Code of Laws of South Carolina (1976), erects a time bar to a tort claim not filed with an estate within five months after first publication...

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