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DAVIS v. PIPER AIRCRAFT CORP.

No. 77-2478.

615 F.2d 606 (1980)

Jimmy P. DAVIS, as Executor of the Estate of Dallas D. Hardy, Jr., Deceased, Appellant, v. PIPER AIRCRAFT CORPORATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1980.

Attorney(s) appearing for the Case

Albert W. Copeland, Montgomery, Ala. (Hobbs, Copeland, Franco & Screws, P. A., Montgomery, Ala., Harold K. Bennett, Bennett, Kelly & Cagle, P. A., Asheville, N. C., on brief), for appellant.

Larry Leake, Asheville, N. C. (Harry DuMont, Uzzell & DuMont, Joel B. Stevenson, McLean, Leake, Talman & Stevenson, Asheville, N. C., on brief), for appellee.

Before WIDENER, HALL and PHILLIPS, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this wrongful death diversity case plaintiff, as executor by Alabama appointment of an Alabama decedent's estate, timely filed a complaint in the United States District Court for the Western District of North Carolina, then sought leave to amend his complaint to allege his capacity as ancillary administrator by North Carolina appointment made after the statute of limitations had run. The district court denied leave to amend...

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