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  • Margaret McD Leonard, Administratrix of the Estate of Helen Duffy Wharton, Deceased v. James H. Wharton, Administrator, C.T.A., of the Estate of James P. Wharton, Deceased, 396 F.2d 452, 4th Cir. (1968)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from the District Court for the District of Maryland's granting of a motion to dismiss a wrongful death action. The district court dismissed the suit as barred by the statute of limitations. The Court of Appeals agreed with the district court's reasoning and dismissed the appeal without oral argument, as it believed the appeal had no hope of success.

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    Filed: 1968-06-13 Precedential Status: Precedential Citations: 396 F.2d 452 Docket: 11570

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from the District Court for the District of Maryland's granting of a motion to dismiss a wrongful death action. The district court dismissed the suit as barred by the statute of limitations. The Court of Appeals agreed with the district court's reasoning and dismissed the appeal without oral argument, as it believed the appeal had no hope of success.

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    Margaret McD Leonard, Administratrix of the Estate of Helen Duffy Wharton, Deceased v. James H. Wharton, Administrator, C.T.A., of the Estate of James P. Wharton, Deceased, 396 F.2d 452, 4th Cir. (1968)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from the District Court for the District of Maryland's granting of a motion to dismiss a wrongful death action. The district court dismissed the suit as barred by the statute of limitations. The Court of Appeals agreed with the district court's reasoning and dismissed the appeal without oral argument, as it believed the appeal had no hope of success.

    Copyright:

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    of 1

    396 F.

    2d 452

    Margaret McD. LEONARD, Administratrix of the Estate of


    Helen
    Duffy Wharton, Deceased, Appellant,
    v.
    James H. WHARTON, Administrator, C.T.A., of the Estate of
    James P. Wharton, Deceased, Appellee.
    No. 11570.

    United States Court of Appeals Fourth Circuit.


    Submitted June 7, 1968.
    Decided June 13, 1968.

    Margaret McD. Leonard, pro se.


    Richard C. Rice, Cory, Boss & Rice, Laurel, Md., for appellee.
    Before HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER,
    Circuit judges.
    PER CURIAM:

    In this action for wrongful death, the District Court for the District of Maryland
    granted a motion to dismiss on the ground that the suit was barred by the statute
    of limitations. For the reasons fully expressed in the opinion of the district
    court, Leonard v. Wharton, 268 F.Supp. 715 (D.Md.1967), we believe the
    present appeal is without hope of success, and therefore we dismiss it without
    allowing oral argument.

    The appeal is dismissed.

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