Milich v. Schlesinger

SWYGERT, Chief Judge.

This action was filed by plaintiff Michael Milich on May 28, 1955. The court’s jurisdiction is based on diversity of citizenship. The complaint alleges damages to the plaintiff arising out of a circumcision operation “improperly and imperfectly” performed on May 28, 1953, in Hammond, Indiana, by defendant Jacob Schlesinger, a physician and surgeon licensed to practice in Indiana. On March 14, 1956, while this action was pending, defendant died.

Subsequently, on June 19, 1957, counsel for defendant filed a suggestion of defendant’s death accompanied by a motion to dismiss…