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STEENBURG v. HARRY BRAUNSTEIN, INC.

No. 583.

77 A.2d 206 (1950)

STEENBURG v. HARRY BRAUNSTEIN, Inc.

Superior Court of Delaware, New Castle.

November 22, 1950.

Attorney(s) appearing for the Case

Stewart Lynch, of Wilmington, for plaintiff.

Edwin D. Steel, Jr., of Morris, Steel Nichols & Arsht, of Wilmington, for defendant.

LAYTON, J., sitting.

LAYTON, Judge.

Defendant has moved first to dismiss the complaint upon the ground that Plaintiff is not the real party in interest within the meaning of Rule 17(a) of the Rules of the Superior Court which is identical with Fed. Rules Civ.Proc. rule 17(a), 28 U.S.C.A. The Rule reads "Every action shall be prosecuted in the name of the real party in interest * * *."

Defendant contends that this motion presents squarely...

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