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DAVIS v. SMITH

Civ. A. No. 1534.

125 F.Supp. 134 (1954)

James W. DAVIS, a minor, by Sue G. Davis, his Guardian, and Sue G. Davis, in her own right, Plaintiff, v. Ralph W. SMITH, Administrator, C.T.A., of the Estate of George Maslin Davis, deceased, Defendant.

United States District Court, D. Delaware.

July 26, 1954.

Attorney(s) appearing for the Case

Harold Leshem, Wilmington, Del., and William M. Alper (Freedman, Landy & Lorry), Philadelphia, Pa., for plaintiffs.

William H. Bennethum (Morford, Bennethum & Marvel), Wilmington, Del., for defendant.

RODNEY, District Judge.

This is a motion to dismiss the complaint. The action grows out of an automobile accident which happened in the State of Pennsylvania. James W. Davis, the minor for whom the suit is brought, and Sue G. Davis, suing as Guardian of James W. Davis and in her own right, are all residents of the State of Virginia. The defendant, Ralph W. Smith, is the Administrator C. T. A. of the Estate of George Maslin Davis by appointment of the Register of Wills...

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