United States v. Allen F. Price, D/B/A Allen F. Price MacHinery Company

This appeal involves an action commenced in 1952 by the United States to enforce against the defendant the remedies provided in Section 409(c) of the Defense Production Act of 1950, Section 2109(e), Title 50 U.S.C.A.Appendix. The suit was brought against Price, an in dividual, for allegedly selling machinery in violation of a certain price regulation.

In 1959, one month before the date set for trial, the defendant died. The United States then moved to substitute the executrix of Price’s estate as defendant, under Rule 25(a), F.R.Civ.P. 28 U.S. C. The district court denied the motion and…