Legal Opinion
Saverio D. Iovino and Leonard P. Luisi v. George Waterson, Jr., Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, Substituted
Court of Appeals for the Second Circuit
Decided December 1, 1959No. 20, Docket 25575PublishedCited by 56 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge.
The question is whether, in a suit removed to the Southern District of New York because of diversity of citizenship, the District Court could order substitution of an administratrix ad litem of the defendant appointed in New Jersey, under F.R.Civ.Proc. 25(a) (1), quoted in footnote 2 below, although application for this was not made until more than two years after defendant’s death. We hold that it could.
The suit was brought by plaintiffs, residents of New York, to recover for personal injuries sustained in Virginia in December, 1954, while passengers in an automobile…
2Cases cited50 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
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3Cited by56 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Harold Noel Arrowsmith, Jr. v. United Press InternationalCourt of Appeals for the Second Circuit · 1963
- Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
- Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
- In Re Baycol Products LitigationCourt of Appeals for the Eighth Circuit · 2010
51 more not listed; retrieve them via the Exa API.