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FEIL v. DICE

No. 3179.

135 F.Supp. 851 (1955)

Fred H. FEIL, Ruth Feil, Gerald Feil by his next friend Fred H. Feil, Linda Feil, by her next friend Fred H. Feil and Kenneth Feil by his next friend Fred H. Feil, Plaintiffs, v. Howard DICE, Administrator of the estate of Peter T. Morizawa, deceased, Defendant.

United States District Court D. Idaho, S. D.

November 16, 1955.

Attorney(s) appearing for the Case

J. F. Martin, Martin & Martin, Boise, Idaho, for plaintiffs.

Laurel E. Elam, Elam & Burke, Boise, Idaho, for defendant.

TAYLOR, District Judge.

This cause is presently before the Court on defendant's motion to dismiss the plaintiffs' action on the grounds that it does not state a claim against defendant upon which relief can be granted, and that the defendant is not legally the administrator of the estate of Peter T. Morizawa. After hearing counsel for the respective parties, the Court took the motion under advisement, it being understood that briefs would be filed. Said

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