Louis R. Pantano v. United Medical Laboratories, Inc.

456 F.2d 1248 Louis R. PANTANO, Special Administrator in the Estate of Paola E. Pantano, Deceased, Plaintiff and Appellant, v. UNITED MEDICAL LABORATORIES, INC., an Oregon corporation, Defendant and Appellee. No. 26283. United States Court of Appeals, Ninth Circuit. March 17, 1972. 1 Robert J. Morgan (argued), of Erlandson & Morgan, Milwaukie, Or., for plaintiff and appellant. 2 Roland F. Banks, Jr. (argued), Ridgway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendant and appellee. 3 Before CHAMBERS and WRIGHT, Circuit Judges, and RENFREW, District Judge. RENFREW, District Judge: 4 Appellant, a special administrator of a decedent's estate in Nebraska, commenced a wrongful death action against appellee, an Oregon corporation, in the United States District Court for the District of Oregon. Appellant was not qualified as a personal representative in Oregon. The District Court granted appellee's motion to dismiss the complaint on the ground that appellant lacked capacity to sue. We affirm the order of the District Court. 5 Rule 17(b) (Fed.R.Civ.P. 28 U.S.C.A. Rule 17(b)) provides that the capacity of an individual to sue or be sued…