Court of Appeals for the Fifth Circuit May 25, 1956, 15840_1 (Mrs. Cordie Ola Fair v. United States)

CAMERON, Circuit Judge.

This appeal involves the question whether the Court below committed error in dismissing the complaint under Rule 12(b), Fed.Rules Civ.Proc. 28 U.S. C.A. for failure to state a claim upon which relief could be granted. Plaintiffs, appellants here, are the statutory beneficiaries under Texas Law of Jessie Clyde Fair, Robert P.