MYERS v. MANCHESTER INSURANCE & INDEMNITY CO.

No. 75-1346.

572 F.2d 134 (1978)

Mrs. Marlin MYERS, Individually and for use and benefit of her minor daughter, Robin Myers, Plaintiff-Appellee, v. MANCHESTER INSURANCE & INDEMNITY COMPANY and Playland Amusements, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 26, 1978.


Attorney(s) appearing for the Case

George Mathews, Baton Rouge, La., for defendants-appellants.

Edward J. Norton, Jr., New Orleans, La., for plaintiff-appellee.

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.


PER CURIAM:

In this diversity action, sounding in tort, appellant contends that appellee was without legal capacity to sue, as provided by F.R.C.P. Rule 17(b), that the evidence did not support the finding of liability, and that the award was excessive. We disagree with appellant and affirm. As held below, at the pre-trial conference, the parties stipulated that capacity existed in the appellee. Additionally, appellant failed to object to lack of capacity until the...

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