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EVANS v. GOGO

No. 19190.

407 S.E.2d 361 (1990)

Edward EVANS and Mary Sue Evans, As Co-Administrators of the Estate of Barry Lee Evans, v. Prospero B. GOGO, M.D., and d/b/a the Southern West Virginia Clinic; and Maynard H. Bellamy, Jr., M.D., and d/b/a the Southern West Virginia Clinic.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion of Justice Brotherton, July 11, 1991.

Attorney(s) appearing for the Case

Larry E. Losch, Summersville, for Edward and Mary Evans.

Michele Grinberg, Kay, Casto, Chaney, Love & Wise, Charleston, for Prospero B. Gogo, M.D.

Stephen D. Annand, Charleston, for Maynard Bellamy, Jr., M.D.

James B. Stoneking, Supreme Court Admin. Office, Charleston, filed amicus curiae.

PER CURIAM:

Edward and Mary Sue Evans appeal from an order of the Circuit Court of Raleigh County denying their motion to reinstate state a cause of action previously dismissed under Rule 41(b), W.Va.R.Civ.P., for failure to prosecute. The circuit court denied reinstatement on the ground that there was no showing of good cause for the delay in prosecution. Because we conclude that change of out-of-state associate...

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