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ALLEN v. WHITEHALL PHARMACAL CO.

115 F.Supp. 7 (1953)

ALLEN v. WHITEHALL PHARMACAL CO.

United States District Court, S. D. New York.

October 1, 1953.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, (Burr F. Coleman, New York City, of counsel), for the motion.

John P. Smith, Allen M. Taylor, New York City, of counsel, opposed.

HOLTZOFF, District Judge (sitting by designation).

This is a motion to revive and continue an action in behalf of the executor of the estate of the original plaintiff, who died subsequently to the commencement of the suit.

The action was brought to recover damages for personal injuries sustained in the State of Indiana. Federal jurisdiction is based on diversity of citizenship. The original plaintiff died during...

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