THEVENOT v. SIEBER


204 F.Supp. 15 (1962)

Ross Alan THEVENOT, Matt Thevenot, a minor, by his guardian ad litem, Ross A. Thevenot, and Paul Thevenot, a minor, by his guardian ad litem, Ross A. Thevenot, each individually and as heirs and next of kin and personal representatives of Shirley Thevenot, deceased, Plaintiffs, v. Otto SIEBER and Irene Sieber, Defendants.

United States District Court S. D. New York.

January 2, 1962.


Attorney(s) appearing for the Case

Arthur Kinoy and William Rossmoore, New York City, for plaintiffs.

McCarthy & McGrath, New York City, for defendants.


COOPER, District Judge.

This is a motion brought by defendants pursuant to Rule 12(b) (6), Fed.R. Civ.P., 28 U.S.C.A., which purports to seek the dismissal of part of plaintiffs' complaint for failure to state a claim upon which relief can be granted. For the reasons set forth below, the motion is denied.

Plaintiffs are the surviving husband and children of Shirley Thevenot, who was killed as a result of an automobile accident, in Nebraska, on September 7...

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