CINNAMON v. ABNER A. WOLF, INC.

Civ. A. No. 21397.

215 F.Supp. 833 (1963)

Jack CINNAMON, Plaintiff, v. ABNER A. WOLF, INC., a Michigan corporation, A.C.F. Wrigley Stores, Inc., a Delaware corporation, and Gold Bell Gift Stamps Cooperative, Inc., a Michigan corporation, jointly and severally, Defendants.

United States District Court E. D. Michigan, S. D.

March 26, 1963.


Attorney(s) appearing for the Case

Arthur J. Hass, Norman D. Katz, Katz & Victor, Morris Garvett, Levin, Levin, Garvett & Dill, Detroit, Mich., for plaintiff.

John Sklar, Maurice S. Binkow, Irwin I. Cohn, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for defendants.


FREEMAN, District Judge.

This is a motion to dismiss a private antitrust suit where the plaintiff died during the pendency of the action. The sole ground of the motion is that such action does not survive. In support of this contention, defendants argue that in the absence of a federal survival statute for such claims, state law applies, and that under Michigan law, the action has abated.

The executor of the estate of the deceased plaintiff, Jack Cinnamon...

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