Legal Opinion

Tolliver v. Leach

District Court, W.D. Michigan

Decided May 22, 1989No. G85-1152 CA1PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HILLMAN, Chief Judge.

This is an action for patent infringement, with pendent state-law claims. One of the defendants, Christopher B. Leach, died on May 15, 1988, during the pendency of the case. Three days later, on May 18, 1988, counsel for the parties appeared before the U.S. Magistrate for a hearing on discovery motions. At that hearing, defense counsel stated on the record that Mr. Leach had died. It is undisputed, however, that no party has ever filed a written suggestion of death under Rule 25(a) of the Federal Rules of Civil Procedure. Defendants now move for dismissal of the…

2Cases cited7 opinions

  1. Alan McSurely and Margaret McSurely v. John K. McClellan Thomas Ratliff, Individually and as Sometime Commonwealth Attorney for Pike County KentuckyCourt of Appeals for the D.C. Circuit · 1985
  2. United States v. Miller Brothers Construction Company, Rapidways, Inc.Court of Appeals for the Tenth Circuit · 1974
  3. Gronowicz v. LeonardDistrict Court, S.D. New York · 1986
  4. Dolgow v. AndersonDistrict Court, E.D. New York · 1968
  5. Anderson v. AurotekCourt of Appeals for the Ninth Circuit · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Sellie v. North Dakota Insurance Guaranty Ass'nNorth Dakota Supreme Court · 1992
  2. Grandbouche v. LovellCourt of Appeals for the Tenth Circuit · 1990
  3. Grandbouche v. LovellCourt of Appeals for the Tenth Circuit · 1990
  4. Campbell v. CampbellSupreme Court of Oklahoma · 1994
  5. Hawes v. Johnson & JohnsonDistrict Court, D. New Jersey · 1996

3 more not listed; retrieve them via the Exa API.

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