DIMOCK, District Judge.
Defendant partnership moves under Rules 12(b) (6) and 56 F.R.Civ.P. to dismiss the complaint on the ground that Marvin L. Gardner, who sues "as Trustee in Bankruptcy of Henry Matthes, Bankrupt", is not such Trustee. The "Attorneys for Plaintiff" cross move under Rule 15(a) for permission to serve an amended complaint in which the named plaintiff will be Marvin Neben as Trustee in Bankruptcy of Henry Matthes, Bankrupt. The action is one to recover...
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