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NELSON v. G. C. MURPHY COMPANY

Civ. A. Nos. 65-575, 65-576.

245 F.Supp. 846 (1965)

Sandra NELSON, a minor who sues by and through J. D. Nelson, her father and next friend, Plaintiff, v. G. C. MURPHY COMPANY, a corporation, et al., Defendants. J. D. NELSON, Plaintiff, v. G. C. MURPHY COMPANY, a corporation, et al., Defendants.

United States District Court N. D. Alabama, W. D.

September 24, 1965.

Attorney(s) appearing for the Case

Ralph R. Williams, of Williams & McDuff, Tuscaloosa, Ala., for plaintiffs.

Jones, McEachin, Ormond & Fulton, Tuscaloosa, Ala., for defendant.

GROOMS, District Judge.

These cases are before the Court on the defendant's motions to dismiss and the plaintiffs' motions to remand.

In Case No. 65-575, plaintiff, a minor suing by next friend, claims $9,000.00 under Count One for negligence. She claims a like sum under Count Two for the alleged wanton conduct of the defendant. Only compensatory damages are recoverable under Count One. Both compensatory and punitive damages are recoverable under Count Two...

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