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PLEASANT v. WASHINGTON SAND & GRAVEL CO.

No. 14270.

262 F.2d 471 (1958)

Stefany M. PLEASANT, Minor by and through Minnie L. Pleasant, mother and next friend, Appellant, v. WASHINGTON SAND & GRAVEL CO., Inc., Leonard Willis, William J. Cabbagestalk, Fred Ellis, and Henry Jordan, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 11, 1958.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., with whom Mr. Roy M. Ellis, Washington, D. C., was on the brief, for appellant. Mr. Curtis P. Mitchell, Washington, D. C., also entered an appearance for appellant.

Mr. William E. Stewart, Jr., Washington, D. C., with whom Messrs. Julian H. Reis and Richard W. Galiher, Washington, D. C., were on the brief, for appellees.

Before PRETTYMAN, Chief Judge, and WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from an order of the District Court dismissing the appellant's complaint for failure to state a claim for which relief can be granted. The issue is whether, on the basis of a negligent injury to a parent by a third party, an infant has an enforceable claim against the third party for the loss of the parent's support, education, care, society, affection, and kindness, during the period of the parent's incapacity.

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