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BARRETT v. UNITED STATES

No. 76 Civ. 1061 (CBM).

651 F.Supp. 604 (1986)

Elizabeth BARRETT, Individually and as Administratrix of the Estate of Harold Blauer, Deceased, Plaintiff, v. UNITED STATES of America, James Cattell, Newton Bigelow, David Marcus, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, and George S. Leonard, Defendants.

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

September 9, 1986.

Attorney(s) appearing for the Case

Baer, Marks & Upham by Deborah R. Linfield, New York City, for plaintiff.

Rudoph W. Giuliani, U.S. Atty. for the S.D.N.Y. by Susan Campbell, Beth Kaswan, Asst. U.S. Attys., New York City, for the Estate of Harris J. North.

OPINION

MOTLEY, Chief Judge.

Plaintiff has moved to substitute the Estate of Harris J. North, for defendant Harris J. North, deceased. Plaintiff's motion is granted for the following reasons.

DISCUSSION

Harris J. North died on February 11, 1985. He resided in Virginia. Rule 25(a)(1) of the Federal Rules of Civil Procedure provides that:

[i]f a party dies and the claim is not thereby extinguished, the court may order substitution...

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