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RIOS v. DRENNAN

Civ. No. 862.

209 F.Supp. 927 (1962)

Mrs. Romualda Maria Juliana RIOS, individually and as administratrix of the estate of her deceased son, Fernando Rios, Plaintiff, v. David DRENNAN, Dr. Lawrence M. Drennan, individually and as father of David Drennan, John Farrell, Mrs. John Farrell, individually and as the surviving parent of John Farrell, Alberto Calvo, Dr. Alberto E. Calvo, individually and as father of Alberto Calvo, Defendants.

United States District Court E. D. North Carolina, Wilmington Division.

October 18, 1962.

Attorney(s) appearing for the Case

Denis A. Barry, II, and Jim Garrison, New Orleans, La., for plaintiff.

George Rountree, Jr., Wilmington, N. C., for defendants.

CRAVEN, Chief Judge.

This tort action for wrongful death was filed in the Federal District Court for the Eastern District of North Carolina on the jurisdictional basis of diversity of citizenship and amount. The action was brought under a Louisiana statute, LSA-Civil Code Art. 2315, wherein there is a proviso that "the right of this action shall survive * * * for the space of one year from the death." Defendants have filed a motion to dismiss on the ground that the...

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