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KELLY v. T.L. JAMES CO., INC.

Civ. A. No. 82-2982.

603 F.Supp. 390 (1985)

Mary K. KELLY v. T.L. JAMES CO., INC., et al.

United States District Court, W.D. Louisiana, Monroe Division.

February 28, 1985.

Attorney(s) appearing for the Case

H. Alva Brumfield III of Brumfield & Brumfield, Baton Rouge, La., for Mrs. Kelly.

Randolph J. Waits, New Orleans, La., for T.L. James.

RULING

LITTLE, District Judge.

The very narrow issue presented by defendants' motion to dismiss for failure to state a claim upon which relief can be granted, F.R.C.P. 12(b)(6), is:

Does a child domiciled in Louisiana have a cause of action for loss of society due to the non-fatal injury of the child's parent, which injury was suffered by the parent as a seaman and for which the parent has filed a claim in federal court under the Jones Act and general...

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