Langford v. Merickel

DEVITT, Chief Judge.

This action arises out of the crash of a light airplane in Ontario, Canada on March 6, 1960, in which both occupants were killed.

Plaintiffs are residents of Ontario and defendant is a resident of Minnesota. The requisite jurisdictional amount and diversity are pleaded.

The matter is before the court on defendant’s motion in the alternative for dismissal or for summary judgment upon the ground that plaintiffs do not have the capacity to sue.

Defendant contends that the plaintiffs lack capacity to sue because plaintiff, Caroline Lenore Langford, failed to file an authenticated…