Nellie L. Rawlings, As Administratrix of the Estate of Raymond B. Rawlings, Deceased, Appellant, v. Mary Geraldine Cancilla Dwyer et al., Appellees, 337 F.2d 384 (5th Cir. 1964)

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U.S. Court of Appeals for the Fifth Circuit - 337 F.2d 384 (5th Cir. 1964) October 29, 1964

Appeal from the United States District Court for the Middle District of Florida; George C. Young, Judge.

Bernard C. Muszynski, Gladstone Kohloss, Charles V. Silliman, Orlando, Fla., for appellant.

Richard W. Reeves, Tampa, Fla., Charles Cook Howell, Jacksonville, Fla., Allen, Dell, Frank & Trinkle, Tampa, Fla., for Mary Geraldine Cancilla Dwyer, appellee.

Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.


The single issue in this case has been correctly determined by the district court in applying the principle stated in O'Brien v. Elder, 5th Cir. 1957, 250 F.2d 275. The judgment of the district court is