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WHITE v. CHARITY HOSPITAL OF LA. IN NEW ORLEANS

No. 4000.

239 So.2d 385 (1970)

William Allen WHITE v. CHARITY HOSPITAL OF LOUISIANA IN NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

July 6, 1970.

Attorney(s) appearing for the Case

Donald B. Ruiz, New Orleans, for plaintiff-appellant.

Ivor A. Trapolin, New Orleans, for defendant-appellee.

Before REDMANN, LE SUEUR and DOMENGEAUX, JJ.

REDMANN, Judge.

Plaintiff appeals from the dismissal, on exception of no right of action, of his suit for the wrongful death of his wife against the State hospital, Charity Hospital of Louisiana at New Orleans.

The exception of no right of action does not lie to a surviving spouse's action for wrongful death. It would lie only to the action of one claiming to be but in fact not the surviving spouse. Under LSA-C.C. art. 2315, a true surviving spouse has,

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