Farris v. Youngblood

NEESE, District Judge.

This is an action for damages. The plaintiff is a citizen of Tennessee, and the defendant-administrator is a citizen of North Carolina. The action was removed from a state court. 28 U.S.C. §§ 1332(a), 1441(b) and 1446(a), (b), as amended, (d) and (e).

The state action was commenced initially against the defendant’s decedent, *599Clifton P. Willimon, on April 23, 1965. Afterward, it was discovered that Mr. Willimon had died on July 2, 1964. The action was revived in the state court, T.C.A. § 20-226, and service of process was thereafter undertaken on “John Doe, personal…