MULLINS v. SEALS

No. 76-1959.

562 F.2d 326 (1977)

Shelcy MULLINS, Administrator of the Estate of Teresa Rae Seals, an infant, Deceased, Appellee, v. Ruth Ann SEALS, Administratrix of the Estate of Charles Jackson Seals, Jr., Deceased, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1977.


Attorney(s) appearing for the Case

S. D. Roberts Moore, Roanoke, Va. (William J. Creech, Jr., Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for appellant.

Carl E. McAfee, Norton, Va. (Hugh P. Cline, Cline, McAfee, Adkins & Gillenwater, Norton, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.


HAYNSWORTH, Chief Judge:

Ruth Ann Seals, (hereinafter the mother) acting as administratrix of her husband's estate, appeals the judgment entered against the estate in a wrongful death action brought by Shelcy Mullins, the administrator of the estate of Teresa Rae Seals (hereinafter the daughter). The defendant argues that the district court lacked jurisdiction over the suit because, under the rule of Miller v. Perry, 456 F.2d 63

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