FILLINGAME v. PATTERSON

Civ. A. No. H87-0193(W).

704 F.Supp. 702 (1988)

Shirley Mae FILLINGAME, et al., Plaintiffs, v. Robin F. PATTERSON, et al., Defendants.

United States District Court, S.D. Mississippi, Hattiesburg Division.

September 8, 1988.


Attorney(s) appearing for the Case

E. Bragg Williams, III, Poplarville, Miss., for plaintiffs.

Dorrance Aultman, Hattiesburg, Miss., for defendants.

James M. Anderson, Jackson, Miss., for intervenor.


MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

The question before the court is whether under Mississippi's Wrongful Death Act, § 11-7-13 of the Mississippi Code of 1972, as amended, decedent's mother, sister, and brothers are proper beneficiaries where decedent was survived by minor children who had been adopted by their paternal aunt prior to decedent's death. The parties have filed cross-motions for summary judgment on the issue.

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