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HOWE v. PATE

No. 4669.

199 F.2d 672 (1952)

HOWE v. PATE.

United States Court of Appeals First Circuit.

November 18, 1952.

Attorney(s) appearing for the Case

William H. Niehoff, Waterville, Me. (Arthur F. Tiffin, Augusta, Me., on the brief), for appellant.

Hyman Jacobson, Portland, Me., (Arthur E. Nissen, Damariscotta, Me., on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

The plaintiff, as the administrator of his deceased twenty-one year old son's estate, brought the instant action in the court below to recover damages under a statute of New Mexico giving a personal representative a right of action for the death of his decedent when "caused by the wrongful act, neglect or default of another". Laws of New Mexico, 1941 Compilation, § 24-101 et seq. The plaintiff is a citizen of New Mexico, and so also was...

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