Legal Opinion

Hall v. United States

District Court, D. South Carolina

Decided August 9, 1974No. Civ. A. 74-498PublishedCited by 4 opinions

1Opinion of the Court

ORDER

HEMPHILL, District Judge.

Plaintiff moves the court for an order striking paragraph number 11 from defendant’s answer 1 on the grounds that the allegations thereof fail to present a sufficient defense and is immaterial, impertinent, and incorrect as a matter of law.

This action is a diversity lawsuit in which plaintiff, as fiduciary of the estate of Edwards C. Hall, deceased, brings a wrongful death action against defendant, pursuant to the provisions of § 10-1951 2 , S.C.Code of Laws, 1962, Annot.

The sole beneficiaries under the statute 3 (there were no other children) are plaintiff and…

2Cases cited14 opinions

  1. Sandel v. StateSupreme Court of South Carolina · 1920
  2. Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
  3. Cirsosky v. SmathersSupreme Court of South Carolina · 1924
  4. Mock Ex Rel. Estate of Mock v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1955
  5. Mitchell v. AkersCourt of Appeals of Texas · 1966

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Aetna Casualty & Surety Co. v. CurleySupreme Court of Rhode Island · 1991
  2. Jimenez Ex Rel. Estate of Jimenez v. DaimlerChrysler Corp.Court of Appeals for the Fourth Circuit · 2001
  3. Jimenez Ex Rel. Estate of Jimenez v. DaimlerChrysler Corp.Court of Appeals for the Fourth Circuit · 2001
  4. Jimenez v. Daimlerchrysler CorporationCourt of Appeals for the Fourth Circuit · 2001

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