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OUZTS v. POWELL

No. 9992.

125 F.2d 768 (1942)

OUZTS v. POWELL.

Circuit Court of Appeals, Fifth Circuit.

February 5, 1942.

Attorney(s) appearing for the Case

Millard F. Caldwell, Ben A. Meginniss, and Julius F. Parker, all of Tallahassee, Fla., for appellant.

W. J. Oven and W. J. Oven, Jr., both of Tallahassee, Fla., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The plaintiff, as widow of W. A. Ouzts, sued the receivers of Seaboard Airline Railway Company under the death statute of Florida for the killing of her husband. On a pretrial hearing it was admitted in writing that the facts stated in a special defense pleaded were true. The court thereupon gave a summary judgment for the defendants, and the plaintiff appeals.

The declaration in substance stated...

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