Legal Opinion
Lonnie Miller, Administrator of the Estate of Albert Miller, Jr., Deceased and Albert Miller, Sr. v. Ely J. Perry, Jr.
Court of Appeals for the Fourth Circuit
Decided February 9, 1972No. 13858PublishedCited by 43 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
The question is the existence of diversity jurisdiction in an action under the North Carolina Wrongful Death Act (N.C.Gen.Stat. § 28-173) to recover for the benefit of nonresident distributees for the death of a nonresident, brought by a North Carolina ancillary administrator against North Carolina defendants. We conclude that the citizenship of the administrator does not defeat diversity and reverse the order of the District Court dismissing the action, 307 F.Supp. 633.
Albert Miller, Jr., a minor citizen of Florida, died in North Carolina, allegedly through the fault…
2Cases cited21 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Field v. Volkswagenwerk AGCourt of Appeals for the Third Circuit · 1980
- Travelers Property Casualty v. GoodCourt of Appeals for the Seventh Circuit · 2012
- Carlsberg Resources Corporation v. Cambria Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1977
- Grassi v. Ciba-Geigy, Ltd.Court of Appeals for the Fifth Circuit · 1990
- Grassi v. Ciba-Geigy, Ltd.Court of Appeals for the Fifth Circuit · 1990
38 more not listed; retrieve them via the Exa API.