Legal Opinion · Dissent

Susie Ann Graham v. The Pennsylvania Railroad and the Washington Terminal Company

Court of Appeals for the D.C. Circuit

Decided May 3, 1965No. 18637Published

1DissentWright, Circuit Judge

This action was filed in the District Court on December 9, 1959. It did not reach the pre-trial stage until July of 1963, at which time plaintiffs’ counsel filed a statement suggesting the death of plaintiff David Graham on May 17, 1963, and moving for a delay in the proceedings until a personal representative was qualified. On February 3, 1964, the ad-ministratrix of Graham’s estate moved to be substituted for him in these proceedings. On February 7, 1964, the defendants opposed the motion to substitute and moved to dismiss the action as to David Graham under the July 1, 1963 amendment to…

2Cases cited7 opinions

  1. Anderson v. YungkauSupreme Court of the United States · 1947
  2. Saverio D. Iovino and Leonard P. Luisi v. George Waterson, Jr., Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, SubstitutedCourt of Appeals for the Second Circuit · 1959
  3. George M. Perry, Sr. v. Marion H. Allen, Collector of Internal Revenue, United States of America, IntervenerCourt of Appeals for the Fifth Circuit · 1956
  4. New Orleans Public Belt R. Co. v. WallaceCourt of Appeals for the Fifth Circuit · 1949
  5. Starnes v. Pennsylvania RailroadDistrict Court, E.D. New York · 1961

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