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28 U.S.C. § 2404

U.S. CodeFederalPositive Law
Death of defendant in damage action
About This Law
/us/usc/t28/s2404
Title
28 — Judiciary and Judicial Procedure
Chapter
PTVI/CH161
Release
119-84
Release Date
2026-04-17

Section Text

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A civil action for damages commenced by or on behalf of the United States or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against surviving defendants. (June 25, 1948, ch. 646, 62 Stat. 971.) Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 780a (June 16, 1933, ch. 103, 48 Stat. 311). Substitution of parties, see rule 25(a) of the Federal Rules of Civil Procedure. Changes in phraseology were made.

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