Legal Opinion
Pantano v. United Medical Laboratories, Inc.
Court of Appeals for the Ninth Circuit
Decided March 17, 1972No. 26283PublishedCited by 3 opinions
1Opinion of the Court
RENFREW, District Judge:
Appellant, a special administrator of a decedent’s estate in Nebraska, commenced a wrongful death action against appellee, an Oregon corporation, in the United States District Court for the District of Oregon. Appellant was not qualified as a personal representative in Oregon. The District Court granted ap-pellee’s motion to dismiss the complaint on the ground that appellant lacked capacity to sue. We affirm the order of the District Court.
Rule 17(b) (Fed.R.Civ.P. 28 U. S.C.A. Rule 17(b)) provides that the capacity of an individual to sue or be sued “shall be…
2Cases cited4 opinions
- Richard v. SlateOregon Supreme Court · 1964
- Wink v. MarshallOregon Supreme Court · 1964
- Elliott v. DayDistrict Court, D. Oregon · 1962
- Gidinski v. McWilliamsDistrict Court, D. Oregon · 1970
3Cited by3 opinions
- Summers v. Interstate Tractor & Equipment Co.Court of Appeals for the Ninth Circuit · 1972
- Summers v. Interstate Tractor and Equipment Co.Court of Appeals for the Ninth Circuit · 1972
- Louis R. Pantano v. United Medical Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1972