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SAMSON v. GREENVILLE HOSPITAL SYSTEM

22868

295 S.C. 359 (1988)

368 S.E.2d 665

Helen Marianne SAMSON, Plaintiff v. The GREENVILLE HOSPITAL SYSTEM and the Carolina-Georgia Blood Center, Inc., Defendants. Russell Joseph SAMSON, Plaintiff v. The GREENVILLE HOSPITAL SYSTEM and the Carolina-Georgia Blood Center, Inc., Defendants. Russell Joseph SAMSON, as Guardian ad Litem for Camaron Joseph Samson, a minor under the age of fourteen (14) years, Plaintiff v. The GREENVILLE HOSPITAL SYSTEM and the Carolina-Georgia Blood Center, Inc., Defendants.

Supreme Court of South Carolina.

Decided May 9, 1988.

Attorney(s) appearing for the Case

Michael Parham of Parham and Smith, Greenville, for plaintiffs.

G. Dewey Oxner, Jr., Frances D. Ellison, and James H. Ritchie, Jr., for Haynsworth, Marion, McKay and Guerard, Greenville, for defendant Greenville Hosp. System.

Paul J. Foster, Jr., and Robert P. Foster of Foster, Gaddy and Foster, Greenville, Janet Ann Napolitano of Lewis and Roca, Phoenix, Ariz., for defendant Carolina-Georgia Blood Center, Inc.

Stephen G. Morrison and David E. Dukes of Nelson, Mullins, Riley and Scarborough, Columbia, Bruce M. Chadwick Fern P. O'Brian, and Brendan Collins of Arnold & Porter, Washington, D.C., amicus curiae for American National Red Cross; Associate Gen. Counsel Karen S. Lipton, of American Red Cross, Washington, D.C., of counsel.

Heard April 4, 1988.

Decided May 9, 1988.

Per Curiam:

Pursuant to Supreme Court Rule 46, we agreed to answer the following question certified by order of The Honorable Joe F. Anderson, Jr., United States District Court for the District of South Carolina:

Whether § 44-43-10 of the South Carolina Code of Laws, 1976, as amended, is unconstitutional as being violative of the Equal Protection Clause of article I, section 3, of the Constitution...

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