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CONNELLY v. RATHJEN

No. 14035.

547 P.2d 1336 (1976)

Thomas J. CONNELLY, Plaintiff and Appellant, v. Norris RATHJEN and Clifford C. Dalbey, Defendants and Respondents.

Supreme Court of Utah.

March 19, 1976.

Attorney(s) appearing for the Case

David B. Havas and Gary L. Gale of Gale & Havas, Ogden, for plaintiff and appellant.

J. Anthony Eyre, Salt Lake City, for Rathjen.

Daniel A. Alsup, Ogden, for Dalbey.

ELLETT, Justice.

A complaint was filed against Rathjen and another seeking damages sustained by plaintiff in an automobile collision. Both defendants answered and Rathjen died before trial. Notice of his death was duly made of record pursuant to Rule 25(a), U.R.C.P.

In this case no motion for substitution was ever filed and the action against Rathjen was dismissed on motion some seven months after his death was noted upon the record.

The plaintiff...

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