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MAVILIA v. STOEGER INDUSTRIES

Civ. A. No. 82-1097-G.

574 F.Supp. 107 (1983)

Joan M. MAVILIA, Individually and as Personal Representative of the Estate of Anthony Mavilia, Jr., Deceased, and as Representative of the Minors Alison Mavilia and Anthony Paul Mavilia, Plaintiffs, v. STOEGER INDUSTRIES and Llama Gabilondo Y Cia S.A., Defendants.

United States District Court, D. Massachusetts.

November 3, 1983.

Attorney(s) appearing for the Case

Windle Turley, John Howie, Dallas, Tex., Richard Bates Harris, Leominster, Mass., for plaintiffs.

Paul A. Kelley, Boston, Mass., for Llama Gabilondo Y Cia S.A.

Robert F. Charlton, Jr., Boston, Mass., for Stoeger Inds., Inc.

MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

GARRITY, District Judge.

This is a wrongful death action in which jurisdiction is based on diversity. On October 9, 1980, Anthony Mavilia, Jr. was killed when, as an innocent bystander, he was struck by a bullet from a .38 caliber Llama automatic pistol. Plaintiffs in this action are the decedent's wife and two minor children. They have brought this suit not against the individual who shot the decedent...

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