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PARKER v. BRECKIN

620 A.2d 229 (1993)

Eleanor C. PARKER, now deceased Roger A. Suro, Executor of the Estate of Eleanor C. Parker, Defendants Below, Appellants, v. Patrick T. BRECKIN, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided February 10, 1993.

Attorney(s) appearing for the Case

Stephen P. Casarino (argued), and Judith R. Reese, Casarino, Christman & Shalk, Wilmington, for appellants.

Jeffrey S. Marlin (argued), Biggs & Battaglia, Wilmington, for appellee.

Before VEASEY, C.J., HORSEY and HOLLAND, JJ.

VEASEY, Chief Justice:

The issue on this appeal is whether an amended complaint relates back under Super.Ct.R. 15(c) to the date of the original filing in which a person who was at the time deceased was named as the defendant, the executor of the estate of the deceased person was not named as the defendant until an amended complaint was filed after the statute of limitations had run, and where the executor was not given notice, within the two-year period provided...

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