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COX v. ROTH

No. 40.

348 U.S. 207 (1955)

COX ET AL., ADMINISTRATORS, ET AL. v. ROTH, ADMINISTRATOR.

Supreme Court of United States.

Decided January 10, 1955.

Attorney(s) appearing for the Case

Douglas D. Batchelor argued the cause for petitioners. With him on the brief was David W. Dyer.

Jacob Rassner argued the cause and filed a brief for respondent.

MR. JUSTICE CLARK delivered the opinion of the Court.

The main question presented in this case is whether an action under the Jones Act survives the death of the tortfeasor. In Nordquist v. United States Trust Co., 188 F.2d 776, the Court of Appeals for the Second Circuit answered this question in the affirmative. In the instant case the Court of Appeals for the Fifth Circuit answered it in the negative, but allowed...

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