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BOUDREAUX v. WELCH

No. 6458.

180 So.2d 725 (1965)

Katherine G. BOUDREAUX, Plaintiff-Appellant, v. Carl K. WELCH et al., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 21, 1965.

Writ Granted February 4, 1966.

Attorney(s) appearing for the Case

Jack C. Caldwell, of Aycock, Horne, Caldwell & Coleman, Franklin, for plaintiff-appellant.

John M. Duhe, Jr., of Helm, Simon, Caffery & Duhe, New Iberia, for defendants-appellees.

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

BAILES, Judge.

The plaintiff-appellant instituted this tort action as the alleged surviving widow of Carroll J. Boudreaux to recover damages for the wrongful death of Mr. Boudreaux. Defendants-appellees moved for a summary judgment on the ground that plaintiff was not the lawful wife of Carroll J. Boudreaux at the time of death because she was not legally divorced from her husband, Owen J. Mire, and consequently was not entitled to sue for damages for the death of...

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