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IOVINO v. WATERSON

No. 20, Docket 25575.

274 F.2d 41 (1959)

Saverio D. IOVINO and Leonard P. Luisi, Plaintiffs-Appellees, v. George WATERSON, Jr., Defendant. Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, Substituted Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 1, 1959.

Attorney(s) appearing for the Case

Robert M. Reagan, New York City (Abrams & Fastenberg, New York City, and Gustave G. Rosenberg and Lawrence M. Rosenberg, New York City, on the brief), for plaintiffs-appellees.

Joseph A. Doran, New York City (John E. Morris, New York City, on the brief), for substituted defendant-appellant.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

The question is whether, in a suit removed to the Southern District of New York because of diversity of citizenship, the District Court could order substitution of an administratrix ad litem of the defendant appointed in New Jersey, under F.R.Civ.Proc. 25(a) (1), quoted in footnote 2 below, although application for this was not made until more than two years after defendant's death. We hold that it could.

The suit was brought...

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