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Civil Procedure Keyed to Field
Hanna v. Plumer
Citation:
380 U.S. 460, 85 S.Ct. 1136
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Hanna (Plaintiff) was injured in a car accident and sued Louise Plumer Osgood for negligence in a federal court that was exercising diversity jurisdiction. Osgood was deceased at the time of the lawsuit, so her executor Plumer (Defendant) was named as the defendant. In order to satisfy the requirement of service of process, Hanna left a copy of the summons with the executor’s wife. This satisfied service of process under Rule 4(d)(1) of the Federal Rules of Civil Procedure, but not under the relevant Massachusetts state rule.
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