LABINE v. VINCENT

No. 5257.

401 U.S. 532 (1971)

LABINE, TUTRIX v. VINCENT, ADMINISTRATOR.

Supreme Court of United States.

Decided March 29, 1971


Attorney(s) appearing for the Case

James J. Cox argued the cause and filed a brief for appellant.

James A. Leithead argued the cause for appellee. With him on the brief was Norman F. Anderson.

Briefs of amici curiae urging reversal were filed by Harry D. Krause, Norman Dorsen, and Melvin L. Wulf for the American Civil Liberties Union, and by Jonathan Weiss and David Gilman for the Center on Social Welfare Policy and Law.

Briefs of amici curiae urging affirmance were filed by Jack P. F. Gremillion, Attorney General, for the State of Louisiana, and by A. Leon Hebert and E. Drew McKinnis for the Buras Heirs et al.


MR. JUSTICE BLACK delivered the opinion of the Court.

In this appeal the guardian (tutrix) of an illegitimate minor child attacks the constitutionality of Louisiana's laws that bar an illegitimate child from sharing equally with legitimates in the estate of their father who had publicly acknowledged the child, but who died without a will. To understand appellant's constitutional arguments and our decision, it is necessary briefly to review the facts giving rise to...

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