PARIS v. BRADEN

No. 12581.

234 F.2d 40 (1956)

John PARIS et al., Appellants, v. Dr. James W. BRADEN, M.D., Casualty Hospital, and Travelers Insurance Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 16, 1956.

Rehearing Denied April 16, 1956.


Attorney(s) appearing for the Case

Mr. I. William Stempil, Washington, D. C., with whom Mr. Ford E. Young, Jr., Washington, D. C., was on the brief, for appellants.

Mr. John P. Arness, Washington, D. C., with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for appellee Travelers Ins. Co.

Messrs. H. Mason Welch, John R. Daily, and J. Harry Welch, Washington, D. C., entered appearances for appellees James W. Braden, M. D., and Casualty Hospital.

Before EDGERTON, Chief Judge, and BAZELON and FAHY, Circuit Judges.


PER CURIAM.

This case arose in the District Court on a complaint for wrongful death filed under § 16-1201, D.C.Code 1951, by the surviving children of the deceased. The defendants moved to dismiss on the ground that the suit was not brought in the name of the "personal representative" of the deceased, as required by § 16-1202, D.C.Code 1951. The motion was granted. The court also denied an application of the plaintiffs...

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