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WHATLEY v. DUPUY

No. 6439.

178 So.2d 438 (1965)

Albirtha WHATLEY et al., Plaintiffs-Appellants, v. L. A. DUPUY et al., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 27, 1965.

Attorney(s) appearing for the Case

Maurice B. Friedman, New Orleans, for appellants.

Robert M. Fleming, of Bauer, Darnell, Fleming & McNulty, Franklin, McCloskey & Dennery, New Orleans, for appellees.

Before ELLIS, LOTTINGER, LANDRY, REID and BAILES, JJ.

BAILES, Judge.

The question presented for determination in this appeal is, does LSA-C.C. Art. 2315, as now amended, grant a right of action to a mother, illegitimate children and a concubine to sue for damages for the alleged wrongful death of the son, father and concubinary, respectively, when such deceased person is survived by a lawful wife and legitimate children. The mother, two illegitimate children and concubine of Robert Whatley instituted this action against...

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