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COLLINS v. BECNEL

Nos. 6263, 6264.

297 So.2d 506 (1974)

David H. COLLINS, as Administrator of the Succession of Erostine Young, widow v. Joseph L. BECNEL, his insurer, et al. David H. COLLINS, as Administrator of the Succession of Erostine Young, widow of Emile Auguste, et al. v. Joseph L. BECNEL, his insurer, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied August 1, 1974.

Attorney(s) appearing for the Case

Kierr, Gainsburgh, Benjamin, Fallon & Lewis, Tucker H. Couvillion, III, and Harvey J. Lewis, New Orleans, for plaintiffs-appellants.

G. Walton Caire, Edgard and Porteous, Toledano, Hainkel & Johnson, John J. Hainkel, Jr., Christovich & Kearney, A. R. Christovich, Jr., New Orleans, for defendants-appellees.

Before LEMMON, BOUTALL and SCHOTT, JJ.

Rehearings Denied August 1, 1974 in No. 6264.

LEMMON, Judge.

The issue in this appeal from a summary judgment is whether the presumptions of survivorship of commorientes provided in C.C. arts. 936-939 are applicable to determine beneficiaries of wrongful death claims under C.C. art. 2315.

Eliza Collins and her only child were killed in an automobile accident. Counsel stipulated that there was no evidence to indicate the deaths were other than simultaneous...

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