Lloyd Frederick Van Horn et al., Plaintiffs and Appellants, v. United States of America, Appellee, 437 F.2d 94 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 437 F.2d 94 (9th Cir. 1971) January 6, 1971

James C. Hagedorn (argued), of Hoberg, Finger, Brown & Abramson, San Francisco, Cal., for plaintiffs and appellants.

Leonard Schaitman (argued), Atty. Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., Edwin L. Miller, U. S. Atty., Donald A. Fareed, Spec. Asst. U. S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS, JERTBERG and MERRILL, Circuit Judges.


The judgment is affirmed.

It would appear that the only reported Ohio authority, Brown v. Columbus, 27 Ohio Law Abst. 677, holds that where a wife and children survive a decedent, a mother and father do not qualify as next of kin under a wrongful death statute. On that ground, not used by the trial court, we affirm.