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POITRA v. DEMARRIAS

Civ. No. 1167.

369 F.Supp. 257 (1973)

Mary POITRA, as mother and surviving parent of Richard A. Primeau, Plaintiff, v. Donald DEMARRIAS, Defendant.

United States District Court, D. North Dakota, Southwestern Division.

October 27, 1973.

Attorney(s) appearing for the Case

William A. Strutz, Fleck, Mather, Strutz & Mayer, Bismarck, N. D., for plaintiff.

John M. Olson, Sp. Asst. Atty. Gen., Bismarck, N. D., for Unsatisfied Judgment Fund.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

In this action, brought under the provisions of Chapter 32-21, NDCC (Death by Wrongful Act), plaintiff seeks to recover damages occasioned by the death of her son.

Jurisdiction is predicated on diversity of citizenship, it being alleged that the plaintiff is a citizen of North Dakota, the defendant is a citizen of South Dakota, and the amount in controversy...

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