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CAREY v. FOSTER

No. 9502.

345 F.2d 772 (1965)

Virginia F. CAREY, Appellant, v. Cecil R. FOSTER, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 14, 1965.

Attorney(s) appearing for the Case

Montgomery Knight, Jr., Norfolk, Va., for appellant.

Larry M. Topping and Lewis H. Hall, Jr., Newport News, Va., Hall & Fox, Newport News, Va., on the brief, for appellee.

Before HAYNSWORTH, BOREMAN and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Circuit Judge:

The question is whether in Virginia a wife may maintain an action for loss of consortium resulting from negligent injury of the husband. Virginia's Supreme Court of Appeals has not decided the question. Our attempt to predict what that court would do if this case were before it is very much conditioned, however, by a Virginia statute which, conferring some rights upon the wife, deprives the husband...

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