DELESDERNIER v. O'ROURKE & WARREN COMPANY

No. 19449.

305 F.2d 929 (1962)

Gloria DELESDERNIER, wife of Paul Marchand, Appellant, v. O'ROURKE & WARREN COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 15, 1962.


Attorney(s) appearing for the Case

Burton B. Loebl, North Miami Beach, Fla., for appellant.

Philip R. Kelley, Kissimmee, Fla., John R. Gould, Vero Beach, Fla., T. W. Conely, Jr., Okeechobee, Fla., for appellees.

Before TUTTLE, Chief Judge, and RIVES and BROWN, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal by the plaintiff in the trial court from an order dismissing her suit for recovery of title to real property in Florida, which formerly belonged to her deceased father. The basic facts are not in disagreement, since, of course, the facts alleged in the complaint must, for the purpose of the motion to dismiss, be taken as true.

Appellant was born a month or two after the death of her father, who died intestate on September...

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