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LECOINTE v. SCHYUNBERG

Civ. No. 8-1967.

268 F.Supp. 939 (1967)

Mr. and Mrs. Bellot LECOINTE as heirs of Isaac Lecointe, Plaintiffs, v. Hulgo L. SCHYUNBERG et al., Defendants.

District Court, Virgin Islands, D. St. Croix.

June 6, 1967.

Attorney(s) appearing for the Case

James, Hodge & Tonkin, by Ronald Tonkin, Christiansted, V.I., for plaintiffs.

Young & Isherwood, by James Isherwood, Christiansted, V.I., for defendant, Elisha Daniel.

MEMORANDUM OPINION

WALTER A. GORDON, District Judge.

Plaintiffs have brought an action pursuant to 5 V.I.C. § 76. Defendant Elisha Daniel has interposed the affirmative defenses of Contributory Negligence and Assumption of Risk. On May 22, 1967 plaintiffs moved to strike said affirmative defenses. In plaintiffs' memorandum brief, plaintiffs assert that the child of plaintiffs having been only three years old at the time of his death, the child could...

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