Hebert v. Petroleum Pipe Inspectors, Inc., 24648.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Citation | 396 F.2d 237 |
| Docket Number | No. 24648.,24648. |
| Parties | Alice Credeur HEBERT, as personal representative of Anthony Fontenot and Davy James Credeur, Appellant, v. PETROLEUM PIPE INSPECTORS, INC., et al., Appellees. |
| Decision Date | 11 June 1968 |
396 F.2d 237 (1968)
Alice Credeur HEBERT, as personal representative of Anthony Fontenot and Davy James Credeur, Appellant,
v.
PETROLEUM PIPE INSPECTORS, INC., et al., Appellees.
No. 24648.
United States Court of Appeals Fifth Circuit.
June 11, 1968.
George J. Garzotto, New Orleans, La., for appellant.
John G. Torian, II, Lafayette, La., for appellees.
Before COLEMAN and GOLDBERG, Circuit Judges, and HANNAY, District Judge.
PER CURIAM:
The District Court held that the minors for whom this Jones Act suit was brought 46 U.S.C.A. § 688 were not "children" within the meaning of the Act because they were the adulterously illegitimate offspring of the deceased father, so denominated by Louisiana law.
The summary judgment granted the defendants on this ground is reversed and remanded, Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 20 L.Ed.2d 436.
Reversed and remanded.
To continue reading
Request your trial
-
In re Industrial Transportation Corp., 69-C-303.
...if the ground for depriving him of that right was merely the fact of his illegitimacy. See Hebert v. Petroleum Pipe Inspectors, Inc., 396 F.2d 237 (5th Cir. 1968). Of course, merely stating that an illegitimate child can recover under the Act does not answer at all the essential inquiry bef......
-
Schmoll v. Creecy
...the injury to the illegitimate child is the death of his father. That view of Levy was taken in Hebert v. Petroleum Pipe Inspectors, Inc., 396 F.2d 237 (5 Cir. 1968), and the same view of the equal protection clause was expressed in Armijo v. Wesselius, 73 Wash.2d 721, 440 P.2d 471 (Sup.Ct.......
-
Stokes v. Aetna Cas. & Sur. Co., 50400
...that the rule may be only prospective in effect. The Fifth Circuit Court of Appeals in Hebert v. Petroleum Pipe Inspectors, Inc., 396 F.2d 237, (decided even before Levy became a final judgment), by per curiam which simply cited and relied upon the Levy case reversed a Louisiana federal dis......
-
Ortiz' Estate, In re
...of [60 Misc.2d 761] his father and to deny such remedy to the illegitimate child (citing Hebert v. Petroleum Pipe Inspectors Inc., 5 Cir., 396 F.2d 237; Armijo v. Wesselius, 73 Wash.2d 716, 440 P.2d Page 812 This Court agrees with the New Jersey Supreme Court that no rational legislative pu......