K L Cattle Co. v. Bunker

MEMORANDUM AND ORDER

KAZEN, District Judge.

This is a diversity action based upon a theory of breach of contract. The original complaint in the above-entitled action, naming Frank Bunker as the sole defendant, was filed in Texas state court on approximately September 25, 1979. A copy of the complaint was served on the Secretary of State for the State of Texas on or about October 10, 1979, and this copy was subsequently forwarded by certified mail to Frank Bunker. Unfortunately, Mr. Bunker died on October 11, 1979, in Colorado. Some time later, his widow, Defendant Irene Bunker, was appointed…