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LONGBOTTOM v. SWABY

No. 23987.

397 F.2d 45 (1968)

Charles L. LONGBOTTOM and Nancy Sue Chapman, Appellants, v. Roy Ralph SWABY, a minor, by his next friend, Harold F. Edwards, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 14, 1968.

Attorney(s) appearing for the Case

T. Paine Kelly, Jr., Tampa, Fla., for appellants.

Guy N. Perenich, Clearwater, Fla., Frank Muscarella, Jr., Tampa, Fla., for appellees.

Before WISDOM and GODBOLD, Circuit Judges, and McRAE, District Judge.

GODBOLD, Circuit Judge:

Altimont Swaby, a citizen of Jamaica, was killed when struck by an automobile in Florida a few days after he arrived in this country to work as a farm laborer. This suit was filed under the Florida Wrongful Death Statute1 by five appellees alleging that they are decedent's minor children and their father left no surviving widow. The defendants-appellants are the owner of...

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