McCALL v. UNITED ENGINEERING & FOUNDRY CO.


148 F.Supp. 801 (1957)

John Arthur McCALL, Plaintiff, v. UNITED ENGINEERING & FOUNDRY CO., Defendant.

United States District Court S. D. New York.

February 21, 1957.


Attorney(s) appearing for the Case

Klonsky & Steinman, New York City, for plaintiff.

Garvey & Conway, New York City, for defendant, Joseph E. Soffey, New York City, of counsel.


DAWSON, District Judge.

This is a motion to strike as insufficient in law that part of defendant's answer asserting that the plaintiff is not the real party in interest. Defendant's answer has previously been sustained but plaintiff here, in effect, moves for reconsideration on the authority of Czaplicki v. The Heogh Silvercloud, 1956, 351 U.S. 525, 76 S.Ct. 946, 100 L. Ed. 1387.

In 1950 plaintiff sustained personal injury for...

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