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FREEMAN v. LESTER COGGINS TRUCKING, INC.

No. 85-4075. Summary Calendar.

771 F.2d 860 (1985)

Bobby G. FREEMAN on behalf of himself and the wrongful death beneficiaries of Laura Freeman, Plaintiff-Appellant, v. LESTER COGGINS TRUCKING, INC., and Kenneth R. Deis, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 23, 1985.

Attorney(s) appearing for the Case

J. Larry Buffington, David Shoemake, Collins, Miss., for plaintiff-appellant.

Aultman, Tyner, Weathers & Gunn, Jon Mark Weathers, H. Alexander Brinkley, Hattiesburg, Miss., for defendants-appellees.

Before REAVLEY, TATE, and HILL, Circuit Judges.

TATE, Circuit Judge:

This is a Mississippi diversity action. The plaintiff Freeman sues for the wrongful death, Miss.Code Ann. § 11-7-13 (1984 Supp.), of his infant daughter Laura, on behalf of himself and of four other statutory wrongful death beneficiaries (i.e., Laura's mother and her three minor siblings). Freeman appeals from the dismissal of these claims on the ground of collateral estoppel. The district court based its dismissal on the circumstance...

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