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SAMPSON v. ASC INDUSTRIES

No. 14-10085.

780 F.3d 679 (2015)

Keva Nuckols SAMPSON, Plaintiff-Appellant v. ASC INDUSTRIES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 13, 2015.

Attorney(s) appearing for the Case

Lurlia Anne Oglesby Oglesby Law, P.C. Dallas, TX, Geoffrey Lynn Oglesby Oglesby & Oglesby, L.P.A. Sandusky, OH, for Plaintiff-Appellant.

Thomas Christopher Clark , Jill Adams Malouf , Dealey, Zimmermann, Clark, Malouf & Blend, P.C., Dallas, TX, Peter M. Kelly , Attorney, Law Office of Peter M. Kelly, P.C., Houston, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.

This appeal raises the question of whether personal service of a suggestion of death on a deceased-plaintiff's estate is required in order for the ninety-day time limit to run for the substitution of a party under Federal Rule of Civil Procedure ("Rule") 25. For the reasons outlined below, we hold that personal...

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