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LEVY v. STATE

No. 2355.

192 So.2d 193 (1966)

Thelma LEVY, in Her Capacity as Administratrix of the Succession of Louise Levy, and as the Tutrix of and on Behalf of the Minor Children of Louise Levy, Said Children Being: Ronald Bell, Regina Levy, Cecelia Levy, Linda Levy and Austin Levy, v. The STATE of Louisiana Through the CHARITY HOSPITAL OF LOUISIANA AT NEW ORLEANS BOARD OF ADMINISTRATORS and W. J. Wing, M.D. and A. B. C. Insurance Companies.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 5, 1966.

Writ Refused January 20, 1967.

Attorney(s) appearing for the Case

Porteous & Johnson, William A. Porteous, III, New Orleans, for W. J. Wing, M.D., and Interstate Fire and Casualty Co., defendants and appellees.

Dorothy Wolbrette, Asst. Atty. Gen., for State of Louisiana, defendant-appellee.

Ingard O. Johannesen, New Orleans, for Charity Hospital, defendant-appellee.

Levy, Smith & Ford, Adolph J. Levy, New Orleans, for plaintiff-appellant.

Before YARRUT, SAMUEL and CHASEZ, JJ.

YARRUT, Judge.

This is an appeal from a judgment maintaining exceptions of no right or cause of action to a suit filed on behalf of minor children for the wrongful death of their mother.

The children are admittedly illegitimate and have never been legitimated.

Plaintiff-Appellant, on behalf of the children, contends that the denial of this right to illegitimate children solely because of their status is, as to them, a denial of due

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