Hilsabeck v. Lane Co.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This case is before the court upon the plaintiffs motion to dismiss without prejudice (Doc. 9) and upon the defendant’s motion to dismiss with prejudice (Doe. 10). For the reasons stated below, both motions are denied.

This wrongful discharge, breach of contract, and retaliatory discharge case was filed in October 1995 and removed to federal court. On March 13,1996, counsel for plaintiff filed a suggestion of death, notifying the court of the plaintiffs death.

Cross-motions for dismissal have been filed. Counsel for the deceased plaintiff argues that…