Chiasson v. R. E. A. Express Co.

CONNOR, District Judge.

The plaintiff, James Chiasson, administrator for the Estate of Dennis Joseph Chiasson, his brother, has brought an action for the alleged wrongful death of the deceased arising out of a collision between the defendant’s truck and the deceased’s motor vehicle,' on July 30, 1964, in Vinton, Louisiana. Jurisdiction has been alleged under 28 U.S.C.A. § 1332 by reason of diversity of citizenship and a claim in excess of $10,000.

*686The defendant has moved, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint on the grounds that the plaintiff…