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GLONA V. AMERICAN GUAR. & LIAB. INS. CO., 391 U. S. 73 (1968)

U.S. Supreme Court

Glona v. American Guar. & Liab. Ins. Co., 391 U.S. 73 (1968)

Glona v. American Guarantee & Liability Insurance Co.

No. 639

Argued March 27-28, 1968

Decided May 20, 1968

391 U.S. 73


In this diversity action, petitioner seeks damages for the alleged wrongful death in Louisiana of her illegitimate son. The trial court granted respondents' motion for summary judgment on the ground that, under Louisiana law, a mother had no right of action for the death of her illegitimate son. The Court of Appeals affirmed.

Held: The Louisiana wrongful death statute, as construed to bar recovery for damages to the parent of an illegitimate child while allowing such recovery to the parent of a legitimate child, violates the Equal Protection Clause of the Fourteenth Amendment, there being no rational basis for the distinction. Levy v. Louisiana, ante, p. 391 U. S. 68. Pp. 391 U. S. 74-76.

379 F.2d 545, reversed.

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