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James MEREDITH, Appellant, v. Richard Meredith SCRUGGS, Carol Elizabeth Scruggs, Atlee Gail Scruggs, Meri-Jo Abrams and Louis Edmund Abrams, Appellees

United States Court of Appeals for the Ninth Circuit1957-05-20No. No. 15019
244 F.2d 604

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Opinion

majority opinion

PER CURIAM.

The petition for rehearing in the above entitled case is denied.

In view of the decision of the Supreme Court of Hawaii in Halberg v. Young, No. 4006, decided April 17, 1957, holding that minor children have no-cause of action for damages arising-from the disability of their mother caused by the negligence of a third person, the decision of this court is vacated, the judgment of the district court, reversed, and the cause remanded with directions to dismiss the action for failure of the complaint to state a claim upon which relief can be granted.