Cooper v. American Airlines, Inc.

U.S. Court of Appeals, Second Circuit · Decided 1945-04-25

Cited by 105 later decision(s) in our corpus · see the citation network in Lexace

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FRANK, Circuit Judge. Under Rule 17(b), as the plaintiff here is suing in “a representative capacity,” her capacity to maintain the suit must “be determined by the law of the state in which the district court is held” which here is New York. If plaintiff were suing as an ordinary executrix for the benefit of the general estate of the decedent, the answer to the prob…

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