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BUTLER v. HALSTEAD BY AND THROUGH COLLEY

No. 88-188.

770 P.2d 698 (1989)

Judy BUTLER, Glenn Dodgion, Brian Lee Butler, Amanda Colleen Butler, and Kayla Dawn Butler, Appellants (Defendants), v. Jordan Jody HALSTEAD, a minor By and Through his next friend, guardian, conservator, and guardian ad litem, Alice Ione COLLEY, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 17, 1989.

Attorney(s) appearing for the Case

R.E. Rauchfuss, Beech Street Law Office, Casper, for appellants.

Jeffrey A. Tennyson, Daniel M. Hesse, and Robert N. Williams, Jackson, for appellee.

Before THOMAS, URBIGKIT, MACY and GOLDEN, JJ., and BROWN, J., Retired.

THOMAS, Justice.

The only question to be resolved in this case is whether a decedent's mother and siblings are included in the statutory phrase "every person for whose benefit such action is brought," found in § 1-38-102(c), W.S. 1977, thus permitting them to join in an action for wrongful death, brought pursuant to § 1-38-101, W.S. 1977, when the decedent leaves a surviving child. The district court, relying upon Wetering v. Eisele,

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