PROCTOR, Circuit Judge.
The question here is whether an order of the District Court dismissing a prior action is res judicata of the present action.
In the earlier case, Sarah L. Slack, appellant (hereafter referred to as plaintiff), sued Charles W. Rich for personal injuries. Before trial Rich died. Plaintiff substituted Lovey V. Rich, administratrix. She moved to dismiss upon the ground that the right of action abated with the death of Charles W....
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