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DUTIL v. MAYETTE

Civ. No. 73-138.

395 F.Supp. 922 (1975)

Evelyn DUTIL, Administratrix of the Estate of Raymond Dutil v. Marlin M. MAYETTE.

United States District Court, D. Vermont.

February 4, 1975.

Attorney(s) appearing for the Case

Robert D. Rachlin, Downs, Rachlin & Martin, St. Johnsbury, Vt., for plaintiff.

John M. Dinse, Dinse, Allen & Erdmann, Burlington, Vt., for defendant.

MEMORANDUM AND ORDER

HOLDEN, District Judge.

The defendant has moved to dismiss this wrongful death action (14 V.S.A. §§ 1491, 1492) on two grounds: (1) the action is barred by the applicable statute of limitations and (2) the plaintiff, by failing to procure ancillary letters of administration in Vermont, lacks capacity to bring this suit. The Court's finding that the plaintiff does lack capacity to bring this suit makes it unnecessary...

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