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DANOS v. WATERFORD OIL COMPANY

No. 17531.

266 F.2d 76 (1959)

Guillaume DANOS, Sr., Administrator of the Succession of Bazelike Mire, wife of, and Urbin Danos, also known as Urbain Danossee, Appellant, v. WATERFORD OIL COMPANY, Gulf Refining Company and Humble Oil & Refining Company, Appellees.

United States Court of Appeals Fifth Circuit.

April 30, 1959.

Attorney(s) appearing for the Case

William J. Daly, New Orleans, La., William J. White, Gretna, La., for appellant.

L. K. Benson, Andrew McCollam, Jr., Otis J. Dillon, Woodrow W. Jackson, Shreveport, La., Bernard J. Caillouet, New Orleans, La., Donald L. Peltier, Harvey Peltier, Thibodaux, for appellees.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Guillaume Danos, Sr., as administrator of the Successions of Urbin Danos (or Urbain Danossee) and Bazelike Mire, who died in 1890 and 1879 respectively, brought a petitory action for the recovery of title to land situated in Lafourche Parish, Louisiana. The defendant oil companies filed a motion to dismiss and, alternatively, for summary judgment of dismissal, based on the ground that the administrator lacked the capacity to sue; that the heirs...

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