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BENJAMIN v. HARDWARE MUTUAL CASUALTY COMPANY

No. 10211.

244 F.Supp. 652 (1965)

Mr. and Mrs. Alexander BENJAMIN v. HARDWARE MUTUAL CASUALTY COMPANY.

United States District Court W. D. Louisiana, Lafayette Division.

August 25, 1965.

Attorney(s) appearing for the Case

Domengeaux & Wright, Bob F. Wright, Lafayette, La., for plaintiffs.

Voorhies, Labbe, Fontenot, Leonard & McGlasson, H. Lee Leonard, Lafayette, La., for defendant.

PUTNAM, District Judge.

SUMMARY JUDGMENT

The motion for summary judgment filed by the defendant presents squarely the question of whether or not duly acknowledged natural children are entitled to file suit under Louisiana Civil Code Article 2315 for the wrongful death of their mother. The facts are undisputed insofar as is necessary for the purpose of deciding this motion.

The suit is for the death of Mary Benjamin, through the alleged negligence...

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