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SAVOIE v. NOLTY J. THERIOT, INC.

Civ. A. No. 72-1178.

396 F.Supp. 973 (1972)

Clarence SAVOIE and wife v. NOLTY J. THERIOT, INC.

United States District Court, E. D. Louisiana.

August 2, 1972.

Attorney(s) appearing for the Case

M. T. Melvin, Larose, La., Frank E. Lamothe, III, New Orleans, La., for plaintiffs.

Francis Emmett, Michael L. McAlpine, New Orleans, La., for defendant.

BOYLE, District Judge.

The motion of the defendant, Nolty J. Theriot, Inc., to dismiss plaintiffs' complaint on grounds that said complaint "fails to state a right or cause of action upon which relief can be granted" was heard on a prior day. The Court, having taken time to consider, is now ready to rule.

Plaintiffs, Clarence Savoie and wife, commenced this action on May 3, 1972, pursuant to 46 U.S.C. § 761, Death on the High Seas Act (DOHSA), and the...

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