BYRD v. BATES

No. 16332.

243 F.2d 670 (1957)

Mrs. Estelle BYRD and J. N. Byrd, Jr., Appellants, v. Mrs. Willie Louis BATES et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 3, 1957.


Attorney(s) appearing for the Case

Wyman C. Lowe, Atlanta, Ga., for appellants.

Jackson C. Burroughs, Curtis White, John R. Carrell, Dallas, Tex., for appellees.

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


JONES, Circuit Judge.

Estelle Byrd, joined on this appeal by her husband, John N. Byrd, Jr., sought to recover damages for the wrongful death of her former husband, James Winchester. He was stabbed to death in the Stevens Hotel in Atlanta, Georgia, on April 21, 1951. The action was brought in the District Court for the Northern District of Texas. Jurisdiction was based on diversity of citizenship. The original complaint was filed on April 20, 1953, one day short of...

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