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WINKELMAN v. GENERAL MOTORS CORPORATION

30 F.Supp. 112 (1939)

WINKELMAN et al. v. GENERAL MOTORS CORPORATION et al.

District Court, S. D. New York.

October 23, 1939.

Attorney(s) appearing for the Case

Charles Winkelman, of New York City, for plaintiffs.

Seibert, Paddock & Cochran, of New York City (Francis L. Durk and Jules Haberman, both of Brooklyn, N.Y., of counsel), for Irving Trust Co., Harry E. Ward and Eleanor Swayne, as executors, etc.

MANDELBAUM, District Judge.

This is a motion by the executors of the defendant, Alfred H. Swayne, deceased, appearing specially to dismiss the bills of complaint as against Swayne and the executors.

It is more than two years since the death of Swayne (April 16, 1937) and his executors and legal representatives have not been served with a writ of scire facias from this court (Title 28 U.S.C.A. § 778) nor have the plaintiffs moved to substitute the executors...

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