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BODNAR v. BODNAR

No. 30514.

441 F.2d 1103 (1971)

Theresa M. BODNAR, Plaintiff-Appellant, v. Catherine BODNAR, Margaret Bodnar, Individually and as Administratrix of the Estate of Mary H. Bodnar, Deceased, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 28, 1971.

Attorney(s) appearing for the Case

J. M. Flowers, Miami, Fla., for appellant.

Sam Daniels, Miami, Fla., for M. Bodnar.

Irving Cypen, Miami Beach, Fla., Harris J. Buchbinder, Miami Beach, Fla., for remaining defendants.

Before JOHN R. BROWN, Chief Judge, and PHILLIPS and INGRAHAM, Circuit Judges.

PER CURIAM:

The sole issue in this case is whether the District Court could properly dismiss Appellant's (Theresa M. Bodnar) case, without prejudice, after she had refused to submit to a mental examination for the purpose of determining whether she was mentally competent to understand the nature and effect of the litigation she had instituted, so that if needed a guardian ad litem could be appointed. We affirm.

The...

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