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MINGOLLA v. MINNESOTA MIN. AND MFG. CO.

Civ. No. 1993-0188.

893 F.Supp. 499 (1995)

Joseph J. MINGOLLA, II, Mary Francis Mingolla, Individually and on Behalf of the Estate of Joseph Mingolla, Sr., Mary Ann Whitney, and Kay Frances Wardrope, Plaintiffs, v. The MINNESOTA MINING AND MANUFACTURING COMPANY and X, Y, and Z, as yet unidentified, Defendants.

District Court, Virgin Islands, Division of St. Thomas and St. John.

June 30, 1995.

Attorney(s) appearing for the Case

David C. Indiano and Stuart Weinstein-Bacal, Indiano, Williams & Weinstein-Bacal, San Juan, PR, for plaintiffs.

Joel W. Marsh and Phillip L. Husband, Law Offices of Joel W. Marsh, St. Thomas, VI, for defendants.

MEMORANDUM

MOORE, Chief Judge.

In this case, we are called upon to decide several issues of first impression in this district. After careful consideration of the respective arguments, we conclude that a) the appointment of the personal representative in this case related back to the commencement of the suit under Rule 15(c)(2) of the FEDERAL RULES OF CIVIL PROCEDURE; b) the adult children of the decedent in this case cannot recover either under the...

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