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COOK v. WINTERS

Civ. A. No. H-84-4440.

645 F.Supp. 158 (1986)

James Tabor COOK, By and Through his Guardian Ad Litem, Plaintiff, v. Norm Clarence WINTERS, Defendant.

United States District Court, S.D. Texas, Houston Division.

October 3, 1986.

Attorney(s) appearing for the Case

Peter T. VanBaalen, Van Baalen Law Offices, Phoenix, Ariz., Douglas Selwyn, Pope, Shoemake & Selwyn, Houston, Tex., for plaintiff.

Frank Allen, Conroe, Tex., guardian ad litem.

J.L. Sadick, Local Co-Counsel, Michael P. Haines & Associates, Houston, Tex., Stephen F. Malouf, Dallas, Tex., for applicant intervenor.

Jim C. Ezer, Ryan & Marshall, Houston, Tex., for defendant.

MEMORANDUM OPINION AND ORDER OF DISMISSAL

HITTNER, District Judge.

Plaintiff, James Tabor Cook, a four-year-old child, comes before this Court through his guardian ad litem, asserting diversity jurisdiction and seeking recovery for damages incurred due to the alleged wrongful death of James Lex Cook, whom the Plaintiff claims was his father. For the reasons set forth below, this Court declines to exercise jurisdiction...

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