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DIATEL v. GLEASON

22 F.Supp. 355 (1937)

DIATEL v. GLEASON.

District Court, S. D. New York.

September 1, 1937.

Attorney(s) appearing for the Case

Thomas J. O'Neill, of New York City (Charles R. Mullin, of New York City, of counsel), for plaintiff.

Kellogg & Chance, of New York City, for defendant.

PATTERSON, District Judge.

The question is whether a New Jersey administratrix has capacity to maintain an action here for wrongful death brought about in New Jersey without taking out ancillary letters here. From the complaint it appears that one Diatel was killed as the result of an automobile accident in New Jersey, brought about, it is said, by the negligence of the defendant; that he left a widow surviving; that New Jersey has a statute to the effect that a person...

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