Legal Opinion
Cinnamon v. Abner A. Wolf, Inc.
District Court, E.D. Michigan
Decided March 26, 1963No. Civ. A. 21397PublishedCited by 5 opinions
1Opinion of the Court
FREEMAN, District Judge.
This is a motion to dismiss a private antitrust suit where the plaintiff died during the pendency of the action. The sole ground of the motion is that such action does not survive. In support of this contention, defendants argue that in the absence of a federal survival statute for such claims, state law applies, and that under Michigan law, the action has abated.
The executor of the estate of the deceased plaintiff, Jack Cinnamon, has moved to substitute bimself as party plaintiff.
In support of his position that the instant action does survive, the executor maintains…
2Cases cited25 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Swift v. TysonSupreme Court of the United States · 1842
- Board of Comm'rs of Jackson Cty. v. United StatesSupreme Court of the United States · 1939
- Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
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3Cited by5 opinions
- New Jersey Wood Finishing Company v. Minnesota Mining and Manufacturing Company, and Essexwire Corp.Court of Appeals for the Third Circuit · 1964
- Derdiarian v. Futterman CorporationDistrict Court, S.D. New York · 1963
- Isidor Weinstein Investment Co. v. Hearst CorporationDistrict Court, N.D. California · 1969
- Miller v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, N.D. Georgia · 1983
- Gerr v. Schering CorporationDistrict Court, S.D. New York · 1966