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042124P.pdf   05/27/2005  George Kaubisch  v.  Doug Weber
   U.S. Court of Appeals Case No:  04-2124
   District of South Dakota   
   Civil Case - civil rights. Dismissal for failure to file timely motion for 
   substitution of party under Rule 25(a)(1) following death of plaintiff is 
   affirmed. Defendants did not agree to stipulate to substitution and failure 
   to serve personal representative personally was not error. District court 
   did not abuse its discretion in failing to extend the time to file a motion 
   for substitution because excusable neglect was not established. 
   [PUBLISHED] [Smith, Author, with Murphy and Hansen, Circuit Judges]