Continental Assurance Co. v. American Bankshares Corp.

MEMORANDUM AND ORDER

WARREN, District Judge.

The death of defendant Clement J. Schwingle was suggested upon the record on April 9, 1979 and pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, plaintiff has moved to substitute the co-personal representatives of Schwingle’s estate, Southeast Banks Trust Company, N.A. and Pearl Manley Schwingle (the representatives). The representatives oppose the motion claiming that plaintiff’s claims did not survive Mr. Schwingle’s death. Furthermore, the representatives argue that even if the claims survive Schwingle’s death, substitution must…