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GRAHAM v. PENNSYLVANIA RAILROAD

No. 18637.

342 F.2d 914 (1964)

Susie Ann GRAHAM, Appellant, v. The PENNSYLVANIA RAILROAD and The Washington Terminal Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 10, 1964.

Petition for Rehearing Denied February 5, 1965.

Certiorari Denied May 3, 1965.

Attorney(s) appearing for the Case

Mr. Melvin Hirshman, Washington, D. C., with whom Mr. Earl H. Davis, Washington, D. C., was on the brief, for appellant.

Mr. Stephen A. Trimble, Washington, D. C., with whom Mr. Thomas A. Flannery, Washington, D. C., was on the brief, for appellees.

Before WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

Petition for Rehearing en Banc Denied February 5, 1965.

Certiorari Denied May 3, 1965. See 85 S.Ct. 1446.

PER CURIAM:

This action in tort was pending on July 1, 1963, when certain amendments to Rule 25(a) (1) of the Federal Rules of Civil Procedure became effective. The effect of these changes was to require, as to a deceased party, dismissal of an action unless a motion for substitution is filed within 90 days after a suggestion of death is made upon...

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