U.S. Court of Appeals for the Ninth Circuit, 1957

James Meredith v. Richard Meredith Scruggs, Carol Elizabeth Scruggs, Atlee Gail Scruggs, Meri-Jo Abrams and Louis Edmund Abrams

James Meredith v. Richard Meredith Scruggs, Carol Elizabeth Scruggs, Atlee Gail Scruggs, Meri-Jo Abrams and Louis Edmund Abrams
U.S. Court of Appeals for the Ninth Circuit · Decided May 20, 1957 · Denman, Pope, Hamley
244 F.2d 604; 1957 U.S. App. LEXIS 3123 (Federal Reporter, Second Series)

James Meredith v. Richard Meredith Scruggs, Carol Elizabeth Scruggs, Atlee Gail Scruggs, Meri-Jo Abrams and Louis Edmund Abrams

Opinion

PER CURIAM.

The petition for rehearing in the above entitled case is denied.

In view of the decision of the Supreme Court of Hawaii in Halberg v. Young, No. 4006, decided April 17, 1957, holding that minor children have no-cause of action for damages arising-from the disability of their mother caused by the negligence of a third person, the decision of this court is vacated, the judgment of the district court, reversed, and the cause remanded with directions to dismiss the action for failure of the complaint to state a claim upon which relief can be granted.

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