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FOUNTAIN v. NEW ORLEANS PUBLIC SERVICE, INC.

No. 24696.

387 F.2d 343 (1967)

Eggerson FOUNTAIN, Nace Fountain and Hosea Fountain, Appellants, v. NEW ORLEANS PUBLIC SERVICE, INC., Appellee.

United States Court of Appeals Fifth Circuit.

December 19, 1967.

Attorney(s) appearing for the Case

Charles E. McHale, Edgar K. Corey, New Orleans, La., for appellants.

Charlton B. Ogden, II, W. W. Ogden, Ogden, Woods, Henriques & Rives, New Orleans, La., for appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and HANNAY, District Judge.

HANNAY, District Judge:

This appeal is from the district court's order of dismissal for want of federal jurisdiction.

Federal jurisdiction is allegedly based upon Title 28, U.S.C.A. Section 1331. The action is by survivors for wrongful death which occurred in the United States Trade Zone in New Orleans, Louisiana. The decedent was then in the employ of a private concern and was electrocuted while assisting in loading tractors on a flatcar.

Appellant...

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