ABATEMENT AND REVIVAL-FEDERAL COURTS-ABATEMENT OF ACTION BY FEDERAL OFFICIAL UNLESS SUCCESSOR SUBSTITUTED AS PARTY PLAINTIFF WITHIN SIX MONTHS

The administrator of the Office of Price Administration began an action on behalf of the United States against the defendant to enforce certain penalties for the violation of the Emergency Price Control Act. While the action was pending the administrator was succeeded in office. Counsel for the government, however, failed to move to substitute his successor as a party plaintiff until more than six months thereafter. The defendant then moved to dismiss the action on the grounds that unless such substitution was made within the six months specified by section 780 of the Judicial Code and Rule 25(d), Federal Rules of Civil Procedure, the action abated.

Held, motion granted. Bowles v. Ohlhausen, (D.C. Ill. 1947) 71 F. Supp. 199.