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ALAPERET v. PHELPS

No. 22082.

408 F.2d 669 (1969)

Bryan ALAPERET and Laurie Alaperet, by Karen Alaperet, as guardian ad litem, and Karen Alaperet, Appellants, v. Lillian A. PHELPS, as personal representative of W. D. Phelps, Deceased, Appellee.

United States Court of Appeals Ninth Circuit.

February 26, 1969.

Attorney(s) appearing for the Case

J. Kent Bourland (argued), of Wisti, Jaaskelainen & Schrock, Hancock, Mich., for appellant.

Elwin C. Leavitt (argued), Las Vegas, Nev., for appellee.

Before JOHNSEN, MERRILL and ELY, Circuit Judges.

JOHNSEN, Circuit Judge.

The action involved is one in diversity jurisdiction for damages from wrongful death under Nevada law, brought by the widow and the guardian ad litem of the minor children of Douglas Alaperet, deceased, against W. D. Phelps, the general contractor on a well-construction project. The District Court dismissed the action on summary judgment, and we affirm.1

It seems clear to us that the District Court properly...

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