Opinion

Swanson v. Northern Pac. Ry. Co.

26 F. Supp. 792
1938 U.S. Dist. LEXIS 1349

Court: District Court, D. Montana
Filed: Dec 5, 1938
Status: Published
Author: Baldwin
On the bench: Baldwin
Cited by: 2 cases
Authority: More cited than 62.4%

The opinion

BALDWIN, District Judge.

It appears from an inspection of the record herein that the plaintiff died prior to October 19, 1936, minute entry, October 19, 1936; and that substitution of the proper party plaintiff has not yet been made.

It follows that this action should be and it is hereby dismissed. Rule 25(a) (1), Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

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