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COLLINS v. BECNEL

Nos. 6263, 6264.

297 So.2d 510 (1974)

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. David H. COLLINS, as Administrator of the Succession of Eliza Collins et al. v. Joseph L. BECNEL, his insurer, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 1, 1974.

Writ Refused October 4, 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.

Rehearing Denied August 1, 1974 in No. 6264.

LEMMON, Judge.

Plaintiffs are the aunts and uncles of Erostine Young August, who was killed with her mother and husband in an automobile accident. Counsel stipulated that there was no evidence to indicate the deaths were other than simultaneous.1 At the time Mrs. Auguste had no living children or father.

Plaintiffs contend that under C.C. arts. 936-939 Mrs. Auguste (age 28) must...

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