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CAMPBELL v. WESTMORELAND FARM, INC.

No. 7, Docket 32190.

403 F.2d 939 (1968)

James J. CAMPBELL, as Administrator of the Estate of Margaret C. Campbell, Deceased, Plaintiff, James J. Campbell and Marjorie Campbell, Plaintiffs-Appellants, v. WESTMORELAND FARM, INC., James A. Roe, Sr., James A. Roe, Jr., Marie Roe, Frances Kesler, Fred Hansen, John H. Biedul, Defendants-Appellees, Vincent Caccese, Sr., Vincent Caccese, Jr., and Thomas O'Brien, Defendants.

United States Court of Appeals Second Circuit.

Decided November 15, 1968.

Attorney(s) appearing for the Case

Norman H. Dachs, Mineola, N. Y. (Shayne, Dachs, Weiss, Kolbrener & Levy, Mineola, N. Y., on the brief), for plaintiffs-appellants.

Patrick J. Hughes, New York City (Daniel J. Coughlin, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order dismissing two of three causes of action as to seven of ten named defendants. It arises in the context of a rather unusual wrongful death action.

Plaintiffs are the parents of a young girl who was killed in a hit-and-run accident in Suffolk County, New York. They were not in any way involved in the accident. In addition to the wrongful death recovery...

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