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BRITT v. MERRITT

No. 39940.

53 So.2d 121 (1951)

219 La. 333

BRITT et al. v. MERRITT et al. In re PHILLIPS, Sheriff et al.

Supreme Court of Louisiana.

Rehearing Denied May 28, 1951.

Attorney(s) appearing for the Case

Fraser & Fraser, Many, Gravel & Downs, Alexandria, for defendants-relators.

Dodd & Cutrer, Lake Charles, Major & Sander, Baton Rouge, amicus curiae.

Godfrey & Edwards, Many, for respondent.

HAWTHORNE, Justice.

Plaintiff, Mrs. Rosie Turnley Britt, individually and on behalf of her minor children, instituted suit against T. M. Phillips, the sheriff of Sabine Parish, The Maryland Casualty Company, the surety on his official bond, and C. C. Merritt, a deputy sheriff, to recover damages for the allegedly wrongful killing of her husband by the deputy sheriff Merritt. The district court maintained an exception of no cause or right of action filed by the sheriff...

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