Joseph Anderson v. Republic Motor Inns, Inc., T/a Holiday Inn of Lancaster

OPINION OF THE COURT

This appeal challenges an order of the district court dismissing the complaint for failure of the plaintiff to comply with F.R.Civ.P. 25(a) (1), providing that “unless the motion for substitution [after death of a party] is made not later than 90 days after the death is suggested upon the record * * *, the action shall be dismissed as to the deceased party.” The suggestion of the death of the plaintiff was filed on July 2, 1969, and, although no document entitled “Motion for Substitution” was filed within 90 days of that date, the plaintiff filed a pre-trial memorandum on…