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HULMES BY VEST v. CATTERSON

No. 18991.

388 S.E.2d 313 (1989)

Mary Elizabeth HULMES, etc., who Sues by her Mother and Next Friend, Karen VEST; and Karen Vest, Individually v. S. Eileen CATTERSON, M.D.; and Alessandra Kazura, M.D.

Supreme Court of Appeals of West Virginia.

December 20, 1989.

Attorney(s) appearing for the Case

Richard E. Hardison, Beckley, for Mary Elizabeth Hulmes, Karen Vest.

W.H. File, Jr., File, Payne, Scherer & Brown, Beckley, for Alessandra Kazura, M.D.

David L. Shuman, Shuman, Annand & Poe, Charleston, for S. Eileen Catterson, M.D.

PER CURIAM:

Mary Elizabeth Hulmes, an infant, by her mother and next friend, Karen Vest, and Karen Vest, individually, appeal from the Circuit Court of Raleigh County's order dated May 18, 1988. That order dismissed with prejudice, under Rule 37(b) of the West Virginia Rules of Civil Procedure, the plaintiffs' medical malpractice action against Alessandra Kazura, M.D., because the plaintiffs had failed to comply with a discovery order.1

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