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ANDERSON v. R & D FOODS, INC.

No. 2003-CA-00746-COA.

913 So.2d 394 (2005)

Danny R. ANDERSON and Judy B. Anderson, as the personal representatives of Holly Michelle Anderson, Deceased; Danny R. Anderson and Judy B. Anderson, individually and as the adult next friends of Joey Anderson, a Minor; and Heather Anderson Pearson, Appellants v. R & D FOODS, INC., A Mississippi Corporation, Appellee.

Court of Appeals of Mississippi.

April 26, 2005.

Attorney(s) appearing for the Case

Ray T. Price, John D. Smallwood, Hattiesburg, attorneys for appellants.

Robert Atkinson, Margaret McArthur, Gulfport, attorneys for appellee.

Before LEE, P.J., MYERS and CHANDLER, JJ.

CHANDLER, J., for the Court.

¶ 1. Danny R. Anderson and Judy B. Anderson commenced a wrongful death action against the estate of Lewis Trevor Speed and other defendants for the death of their daughter. Approximately one year after the expiration of the statute of limitations, they filed an amended complaint substituting R & D Foods, Inc. for a fictitious party. The trial court granted R & D's motion to dismiss, and the Andersons appeal.

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