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SORNBORGER v. DISTRICT DENTAL LABORATORY, INC.

No. 14592.

266 F.2d 694 (1959)

Dorothy SORNBORGER, Executrix of the Estate of Annie Miller Pope Newbold, Appellant, v. DISTRICT DENTAL LABORATORY, INC., and Carl I. Sanderson, Jr., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1959.

Attorney(s) appearing for the Case

Mr. Leonard Braman, Washington, D. C., with whom Messrs. David G. Bress and Richard Arens, Washington, D. C., were on the brief, for appellant.

Mr. Frank J. Martell, Washington, D. C., with whom Messrs. Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellees.

Before WASHINGTON, DANAHER and BASTIAN, Circuit Judges.

PER CURIAM.

The parties to this appeal have agreed on the following statement of the question before us, namely:

"Whether an act of negligence causing death can give rise simultaneously to two separate and independent claims, viz., one under the Wrongful Death Act, § 16-1201, D.C.Code, and another under the Survival Act, § 12-101, D.C.Code, and whether, therefore, the District Court erred in denying plaintiff's motion to amend her complaint...

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