person

In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

See e.g. National Labor Relations Act, No. 2(1), 29 U.S.C.A. No. 152; Uniform Partnership Act, No. 2.

Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of Constitution affords protection since this Amendment expressly applies to "person."

Aliens.

Aliens (alien) are "persons" within meaning of Fourteenth Amendment and are thus protected by equal protection clause against discriminatory state action. Foley v. Connelie, D.C.N.Y., 419 F.Supp. 889, 891. Bankruptcy Code.

"Person" includes individual, partnership, and corporation, but not governmental unit. 11 U.S.C.A. No. 101.

Commercial law.

An individual or organization. U.C.C. No. 1-201(30). Corporation. A corporation is a "person" within meaning of Fourteenth Amendment equal protection and due process provisions of United States Constitution. Metropolitan Life Ins. Co. v. Ward, Ala., 470 U.S. 869, 105 S.Ct. 1676, 1683, 84 L.Ed.2d 751.

The term "persons" in statute relating to conspiracy to commit offense against United States, or to defraud United States, or any agency, includes corporation. Alamo Fence Co. of Houston v. U.S., C.A.Tex., 240 F.2d 179, 181.

In corporate law, "person" includes individual and entity. Rev.Model Bus.Corp.Act, No. 1.40.

Foreign government.

Foreign governments otherwise eligible to sue in U.S. courts are "persons" entitled to bring treble-damage suit for alleged antitrust violations under Clayton Act, Section 4. Pfizer, Inc. v. Government of India, C.A.Minn., 550 F.2d 396.

Illegitimate child.

Illegitimate children are "persons" within meaning of the Equal Protection Clause of the Fourteenth Amendment, Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 1511, 20 L.Ed.2d 436; and scope of wrongful death statute, Jordan v. Delta Drilling Co., Wyo., 541 P.2d 39, 48

@ interested person

Includes heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent, ward or protected person which may be affected by the proceeding. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. Uniform Probate Code, No. 1-201(20).

@

Labor unions.

Labor unions are "persons" under the Sherman Act and the Clayton Act, Casey v. F.T.C., C.A.Wash., 578 F.2d 793, 797, and also under Bankruptcy Code, Highway and City Freight Drivers, Dockmen and Helpers, Local Union No. 600 v. Gordon Transports, Inc., C.A.MO., 576 F.2d 1285, 1287.

Minors.

Minors are "persons" under the United States Constitution, possessed of rights that governments must respect. In re Scott K., 24 C.3d 395, 155 Cal.Rptr. 671, 674, 595 P.2d 105.

Municipalities.

Municipalities and other government units are "persons" within meaning of 42 U.S.C.A. No. 1983. Local government officials sued in their official capacities are "persons" for purposes of Section 1983 in those cases in which a local government would be suable in its own name. Monell v. N. Y. City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611.

See color of law.

Definition of "person" or "persons" covered by antitrust laws includes cities, whether as municipal utility operators suing as plaintiffs seeking damages for antitrust violations or as operators being sued as defendants. City of Lafayette, La. v. Louisiana Power & Light Co., La., 435 U.S. 389, 98 S.Ct. 1123, 1128, 55 L.Ed.2d 364

@ protected person

One for whom a conservator has been appointed or other protective order has been made. Uniform Probate Code, No. 5-103(18).

@

Resident alien.

A resident alien is a "person" within the meaning of the due process and equal protection clauses of the Fourteenth Amendment. C. D. R. Enterprises, Ltd. v. Board of Ed. of City of New York, D.C. N.Y., 412 F.Supp. 1164, 1168.

Unborn child. Word "person" as used in the Fourteenth Amendment does not include the unborn. Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 729, 35 L.Ed.2d 147.

Unborn child is a "person" for purpose of remedies given for personal injuries, and child may sue after his birth. Weaks v. Mounter, 88 Nev. 118, 493 P.2d 1307, 1309.

In some jurisdictions a viable fetus is considered a person within the meaning of the state's wrongful death statute, e.g. Summerfield v. Superior Court, 144 Ariz. 467, 698 P.2d 712, and within the meaning of the state's vehicular homicide statute, e.g. Comm. v. Cass, 392 Mass. 799, 467 N.E.2d 1324.

See also child

- children (rights of unborn child); unborn child; viable child.

University.

A state university is a "person", within meaning of No. 1983. 42 U.S.C.A. No. 1983. Uberoi v. University of Colorado, Colo., 713 P.2d 894, 900