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McNAMARA v. DIONNE

No. 95, Docket 27088.

298 F.2d 352 (1962)

Paul T. McNAMARA, Administrator of the Estate of John Grigel, Deceased, Plaintiff-Appellee, v. Ernest P. DIONNE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 15, 1962.

Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, Vt., for defendant-appellant.

Black & Plante, White River Junction, Vt., for plaintiff-appellee.

Before SWAN, MOORE and SMITH, Circuit Judges.

SWAN, Circuit Judge.

This is an action by the administrator of the estate of a deceased child to recover damages for "the pecuniary injuries resulting from such death" to his parents. The action was brought pursuant to the Vermont Wrongful Death Act, Title 14 § 1492, Vermont Statutes Annotated. It was tried to a jury, whose verdict awarded plaintiff $15,000. Federal jurisdiction rests on diversity, plaintiff being a citizen of New Hampshire and defendant a citizen...

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