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QUESNEL v. TOWN OF MIDDLEBURY

No. 96-553.

706 A.2d 436 (1997)

Thomas and Elizabeth QUESNEL and Thomas Quesnel, as Co-Administrator of the Estate of Matthew J. Quesnel v. TOWN OF MIDDLEBURY, et al.

Supreme Court of Vermont.

November 14, 1997.

Attorney(s) appearing for the Case

James A. Dumont and Sandra M. Lee of Keiner & Dumont, P.C., Middlebury, for plaintiffs-appellants.

Janet C. Murnane of McNeil, Leddy & Sheahan, Burlington, for defendant-appellee Town of Middlebury.

Before AMESTOY, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

AMESTOY, Chief Justice.

Plaintiffs Thomas and Elizabeth Quesnel, parents of the decedent Matthew J. Quesnel, and Thomas Quesnel, as co-administrator of decedent's estate, appeal from a decision dismissing their wrongful death action for failure to state a claim for which relief may be granted. Plaintiffs claim the court erred by ruling that (1) decedent's wife and child may not disclaim their statutory status as next of kin...

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