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FAIR v. UNITED STATES

No. 15840.

234 F.2d 288 (1956)

Mrs. Cordie Ola FAIR et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 25, 1956.

Attorney(s) appearing for the Case

W. James Kronzer, Jr., Fred Parks, Houston, Tex., Parks, Cire & Jamail, Houston, Tex., Hill, Brown, Kronzer & Abraham, Houston, Tex., of counsel, for appellants.

Lester S. Jayson, Atty., Dept of Justice, Washington, D. C., Malcolm R. Wilkey, U. S. Atty., Gordon J. Kroll, Asst. U. S. Atty., Houston, Tex., Benjamin Forman, Atty., Paul A. Sweeney, Chief, Appellate Sec., Julian H. Singman, Atty., Dept. of Justice, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

This appeal involves the question whether the Court below committed error in dismissing the complaint under Rule 12(b), Fed.Rules Civ.Proc. 28 U.S. C.A. for failure to state a claim upon which relief could be granted. Plaintiffs, appellants here, are the statutory beneficiaries under Texas Law of Jessie Clyde Fair, Robert P. Peterson and Verdie Carroll Cooper, and the defendant, appellee here, is the United States of America. Action was brought...

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