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GRADY v. IRVINE

No. 7584.

254 F.2d 224 (1958)

Ellis B. GRADY, Jr., Administrator, c.t.a., of Margarette W. Rodgers, deceased, Appellant, v. Richard Eugene IRVINE, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 8, 1958.

Attorney(s) appearing for the Case

Geo. E. Allen, and Allen, Allen, Allen & Allen, Richmond, Va., on brief, for appellant.

Wayt B. Timberlake, Jr., Staunton, Va., for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This action was commenced in the District Court for the Western District of Virginia by a citizen of Maryland against a citizen of Virginia for the recovery of damages for personal injury. During the pendency of the action, the plaintiff died as a result of the injuries sustained in the accident. Counsel for the plaintiff then filed a motion to substitute, as plaintiff, a citizen of Virginia, the...

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