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PRITCHARD v. DOWNIE

No. 3768.

201 F.Supp. 893 (1962)

Mrs. Mary Ellen PRITCHARD, wife of Charles C. Pritchard, Plaintiff, v. Robert C. DOWNIE, Administrator of the Estate of Eugene G. Smith, Defendant.

United States District Court E. D. Arkansas, W. D.

February 9, 1962.

Attorney(s) appearing for the Case

Amis Guthridge, Little Rock, Ark., Sidney W. Provensal, Jr., New Orleans, La., for plaintiff.

Joseph C. Kemp, Little Rock, Ark., for defendant.

YOUNG, District Judge.

The principal issue involved in this decision is whether Rule 25(a) (1)1 of the Federal Rules of Civil Procedure, 28 U.S.C.A., prevails over §§ 62-2601 and 62-2602 of the Arkansas Statutes, and allows the plaintiff to maintain this cause of action against the original defendant's estate after the time period allowed by Arkansas law for revival against his estate has lapsed.

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