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LATIMER v. SEARS ROEBUCK AND COMPANY

No. 18277.

285 F.2d 152 (1960)

C. W. LATIMER, Jr., Appellant, v. SEARS ROEBUCK AND COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 29, 1960.

Attorney(s) appearing for the Case

J. A. McClain, Jr., of Mabry, Reaves, Carlton, Fields & Ward, Tampa, Fla., for appellant.

Thomas C. MacDonald, Jr., Vernon W. Evans, Jr., Tampa, Fla., Shackleford, Farrior, Stallings, Glos & Evans, Tampa, Fla., of counsel, for appellee.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This appeal presents a problem in statutory construction. The question for decision is whether Section 768.03, Florida Statutes, F.S.A., permits a parent to bring an action ex contractu for the death of his minor child. The decision turns on whether a 1953 Amendment to Section 768.01, the "Wrongful Death Act", applies also to Section 768.03, the "Death of Minors Act", thereby authorizing the plaintiff-appellant here to sue for damages for the...

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