Metropolitan St. Louis Sewer District v. Holloran ( 1988 )

DONNELLY, Judge,

dissenting.

I agree that where “a personal representative has been appointed following the death of a party, the suggestion of death must be personally served on that representative.” Fariss v. Lynchburg Foundry, 769 F.2d 958, 961 (4th Cir.1985).

But where, as here, no representative had been named at the time the suggestion of death was filed, I would hold the service on counsel was effective. See Yonofsky v. Wernick, 362 F.Supp. 1005 (S.D.N.Y.1973).

I respectfully dissent.