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ANDERSON v. REPUBLIC MOTOR INNS, INC.

No. 19083.

444 F.2d 87 (1971)

Joseph ANDERSON, Appellant, v. REPUBLIC MOTOR INNS, INC., t/a Holiday Inn of Lancaster.

United States Court of Appeals, Third Circuit.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Herbert Somerson, Zarwin, Prince, Baum, Steerman, Somerson & Meritz, Philadelphia, Pa., for appellant.

Theodore H. Lunine, Philadelphia, Pa. (Joseph Head, Swartz, Campbell & Detweiler, Philadelphia, Pa., on the brief), for appellee.

Before SEITZ, VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal challenges an order of the district court dismissing the complaint for failure of the plaintiff to comply with F.R.Civ.P. 25(a) (1), providing that "unless the motion for substitution [after death of a party] is made not later than 90 days after the death is suggested upon the record * * *, the action shall be dismissed as to the deceased party." The suggestion of the death of the plaintiff was filed on July 2...

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