Winkelman v. General Motors Corp.

MANDELBAUM, District Judge.

This is a motion by the executors of the defendant, Alfred H. Swayne, deceased, appearing specially to dismiss the bills of complaint as against Swayne and the executors.

It is more than two years since the death of Swayne (April 16, 1937) and his executors and legal representatives have not been served with a writ of scire facias from this court (Title 28 U.S.C.A. § 778) nor have the plaintiffs moved to substitute the executors as parties defendant in these actions for the decedent, Swayne (Rule 25 *113of the Federal Rules of Civil Procedure, 28 U.S.C.A. following…