FORNARIS v. AMERICAN SURETY COMPANY OF NEW YORK

No. 36-58.

183 F.Supp. 339 (1960)

Fernando B. FORNARIS; Maria Josefa Fernandez VDA. De Fornaris, for herself and as representative of her minor children, under her patria potestas, Hortensia Maria, Fernando Jose, and Jose Angel Fornaris Fernandez; Guillermina Vazquez VDA. Molina; Carmen Casanova VDA. De Molina, for herself and as representative of her minor children, under her patria potestas, Carmen Eneida, Vilma Luisa and Luis Guillermo Molina Casanova; Juana Z. Ubarri VDA. De Rios, Shirley Jenny and Luis Angel Rios Ubarri, Libellants, v. AMERICAN SURETY COMPANY OF NEW YORK; Radio Telephone Communicators of Puerto Rico, and Hilda Teresa Salas VDA. De Alonso; Gloria Rosa, Carlos Javier, Jaime Juan and Carla Joan Alonso Salas, represented by their mother with patria potestas, Hilda Teresa Salas VDA. De Alonso, Respondents.

United States District Court D. Puerto Rico, San Juan Division.

May 4, 1960.


Attorney(s) appearing for the Case

Canales & Segarra, Francisco Ponsa Feliu, Alberto Pico, Aurelio Torres Braschi, San Juan, P. R., for libellants.

Hartzell, Fernandez & Novas, San Juan, P. R., for respondents.


RUIZ-NAZARIO, District Judge.

This is a suit in admiralty instituted in this Court under the Death on the High Seas By Wrongful Act statute, 46 U.S.C.A. § 761, in which certain persons in relation to the decedents seek to exert the right of action created by the statute. The respondents have filed two exceptive allegations, first generally that the libellants are not the personal representatives of decedents, and, second, particularly, that respondent American...

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