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· 1/18/1954

Normandie Amusement Corp. v. Loew's Inc.

Citations

  • 140 F. Supp. 257
  • 1954 U.S. Dist. LEXIS 2198
  • 1954 Trade Cas. (CCH) 67,670

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a decedent’s lawyer had “standing” to file necessary procedural motions
  • recognizing “extensive delays in the appointment of a representative for the decedent's estate”
  • noting \Rule 25(a) does not authorize a district court to extend [the 90-day] time period once it has expired\
  • “Federal Rule of Civil Procedure 6(b) is a rule of general application giving discretion to the trial courts to enlarge time limits either before or after they have expired.”
  • “[b]efore the 1963 amendment to Fed. R.Civ.P. 25, a court was required to dismiss a ease if no motion for substitution was filed within two years after the date of death”
  • A “proper party” for substitution is either “a successor of the deceased party” or “a representative of the deceased party’s estate—a person lawfully designated by state authority to represent the deceased’s estate.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Weinfeld

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.