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UNICORN TALES, INC. v. BANERJEE

Docket No. 96-9629.

138 F.3d 467 (1998)

UNICORN TALES, INC., a Corporation of the State of New York, Chippendales Universal, Inc., a Corporation of the State of New York, Valentine DeNoia, Administrator of the Estate of Nicholas DeNoia, Deceased, Plaintiffs-Appellants, v. Somen BANERJEE, also known as Steven Banerjee, Augustine Ralph and Angel Colon, Defendants, Irene Banerjee, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 2, 1998.

Attorney(s) appearing for the Case

Robert E. Margulies, Jersey City, NJ, (Frank E. Catalina, Margulies, Wind, Herrington & Knopf, Jersey City, NJ, on the brief), for appellants.

Irene Banerjee, Playa Del Rey, CA, pro se appellee.

Before: WINTER, Chief Judge, NEWMAN and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

In this case, we consider who may trigger Federal Rule of Civil Procedure 25(a)(1)'s 90-day countdown by filing a statement of death of a litigant, and whether that statement must identify the legal representative or successor.

I

We rely on the allegations of the pleadings for the necessary facts in this appeal. Unicorn Tales, Inc. (Unicorn) and Chippendales Universal, Inc. (Universal...

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