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YOUNG v. MITCHELL

No. 77-172-CIV-WMH.

437 F.Supp. 348 (1977)

Earl N. YOUNG, Administrator of the Estate of Gregory A. Young, Earl N. Young and Anne C. Young, Plaintiff, v. Nell N. MITCHELL, Defendant.

United States District Court, S. D. Florida, Miami Division.

August 12, 1977.

Attorney(s) appearing for the Case

Burton S. Resnic, Holyoke, Mass., David, Howland, Ress, Gomez, Rosenberg, Berke & Howland, P. A., North Miami, Fla., for plaintiff.

Kenneth J. Kavanaugh, Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami Fla., for Mitchell.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

HOEVELER, District Judge.

The present action is before the Court on the defendant Nell N. Mitchell's motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant requests that the Court apply the Florida Wrongful Death Act, F.S. 768.18 et seq. (1975), to the instant controversy. In opposition the plaintiffs contend that the...

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