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HOLLANDER v. DAVIS

No. 9827.

120 F.2d 131 (1941)

HOLLANDER v. DAVIS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1941.

Attorney(s) appearing for the Case

Sydney L. Weintraub, of Miami, Fla., for appellant.

T. J. Blackwell, W. H. Walker, Jr., and Herschel E. Smith, all of Miami, Fla., for appellee.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Helen Hollander, a citizen of Florida, brought suit for damages for personal injuries against Emilie P. Davis and her husband Charles B. Davis, citizens of New Jersey. Charles B. Davis died before the case was heard and on suggestion of counsel and motion of the plaintiff the suit was dismissed as to him. Mrs. Davis filed a motion to dismiss the complaint as last amended on the ground that it failed to state a claim against her upon which relief...

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