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WESTCOTT v. McALLISTER BROS. INC.

No. 77 CIV 4568 (LBS).

463 F.Supp. 1039 (1978)

Judy WESTCOTT, Individually, and Timothy Westcott, Gary Westcott and Gus Westcott, infants, by Judy Westcott, their parent and natural guardian, Plaintiffs, v. McALLISTER BROTHERS INC., Defendant.

United States District Court, S. D. New York.

December 29, 1978.

Attorney(s) appearing for the Case

F. L. Wertheimer, New York City, for plaintiffs; Bernard D. Friedman, New York City, of counsel.

Healy & Baillie, New York City, for defendant; Thomas L. Rohrer, New York City, of counsel.

OPINION

SAND, District Judge.

Plaintiff, the wife of an injured seaman, sues for loss of services, society, consortium and support, and, on behalf of the minor children, for loss of services, comfort, care, affection, training, companionship and support. Defendant has moved to dismiss the action for failure to state a claim upon which relief can be granted pursuant to F.R.Civ.P. 12(b)(6) and for judgment on the pleadings pursuant to F.R.Civ.P. 12(c). The...

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