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EASTERN CREDIT ASSOCIATION, INC. v. BRAXTON'S ESTATE

No. 3747.

215 A.2d 485 (1965)

EASTERN CREDIT ASSOCIATION, INC., Assignee of Fire Safety Services, Inc., Appellant, v. ESTATE of Frances D. BRAXTON, Appellee.

District of Columbia Court of Appeals.

Decided December 23, 1965.

Attorney(s) appearing for the Case

Bernard D. Lipton, Washington, D. C., for appellant.

John H. Verchot, Washington, D. C., with whom Richard W. Galiher, William E. Stewart, Jr., and William H. Clarke, Washington, D. C., were on the brief, for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

QUINN, Associate Judge.

This is an appeal from an order dismissing appellant's claim under the doctrine of res judicata. During the pendency of a prior action which appellant had brought against Frances D. Braxton, the defendant died. Her counsel promptly filed a suggestion of death but appellant failed to move for a substitution of parties. Thus, a little more than a year after the death, the court dismissed the case pursuant to Civil Rule 25(a) (1), which reads...

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