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LUXLINER P.L. EXPORT v. RDI/LUXLINER

No. 92-5530.

13 F.3d 69 (1993)

LUXLINER P.L. EXPORT, CO., a New Jersey Corporation; P.L. Custom Body & Equipment Co., Inc., a New Jersey Corporation; and Martin V. Smock, v. RDI/LUXLINER, INC., a Michigan Corporation; Luxliner Coach, Inc., a Michigan Corporation; Recreational Designs, Inc., a Michigan Corporation; Oyvind Haugestad; Jeffrey Showman; Sturgis Lux-Liner Homologation, Inc., Sturgis Lux-Liner Homologation, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Lewis J. Pepperman, Craig S. Hilliard (argued), Stark & Stark, Princeton, NJ, for appellant.

Jonathan J. Lerner (argued), Gern, Dunetz, Davison & Weinstein, Roseland, NJ, for appellees.

Before: SLOVITER, Chief Judge, COWEN and LEWIS, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

Rule 25(c) of the Federal Rules of Civil Procedure allows a district court to join a corporation that succeeds to the interest of a party with, or substitute it for, its predecessor in a lawsuit. Acting pursuant to Rule 25(c), the district court joined a corporation on judgments entered against another corporation despite the presence of conflicting affidavits regarding whether the joined corporation was the initial...

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