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McCONNELL v. TRAVELERS INDEMNITY COMPANY

No. 21373.

346 F.2d 219 (1965)

Archie McCONNELL, Appellant, v. The TRAVELERS INDEMNITY COMPANY and Employers Casualty Company of Dallas, Appellees.

United States Court of Appeals Fifth Circuit.

May 24, 1965.

Attorney(s) appearing for the Case

Joseph J. Laura, Jr., Laura, Danna & Simmons, New Orleans, La., for appellant.

Leonard B. Levy, Michael Osborne, Dufour, Levy, Marx & Lucas, New Orleans, La., for defendant-appellee Employers Cas. Co. of Dallas.

Patrick W. Browne, Jr., and Ignatz G. Kiefer of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellee Travelers Indemnity Co.

Before WISDOM and GEWIN, Circuit Judges, and BOOTLE, District Judge.

WISDOM, Circuit Judge.

This hard case involving, for the plaintiff, disastrous effects from splitting his cause of action, is an invitation to make bad law. We decline the invitation.

Mr. and Mrs. Archie McConnell, Louisiana residents, were both injured in an automobile accident. Under Louisiana community property law, the wife's claim for personal injuries is her separate property; the husband's claim for personal injuries belongs to the community. Claims...

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