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BOEING AIRPLANE COMPANY v. PERRY

No. 7169.

322 F.2d 589 (1963)

BOEING AIRPLANE COMPANY, Appellant, v. Arthur E. PERRY, as special Administrator of the Estate of James W. Sullivan, deceased, and Colene Sullivan, as widow of James W. Sullivan, deceased, and Cynthia Lynn Sullivan, a minor, by and through Colene Sullivan, her mother as natural guardian and next friend, Appellees.

United States Court of Appeals Tenth Circuit.

September 16, 1963.

Attorney(s) appearing for the Case

Malcolm Miller, Wichita, Kan. (George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, and Robert L. Howard, Wichita, Kan., with him on brief), for appellant.

Lee E. Weeks, Kansas City, Kan. (J. E. Schroeder, Leonard O. Thomas, J. D. Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston, Donald E. Stephenson, Miles D. Mustain, George Maier, Jr., Patric D. Little, Kansas City, Kan., Paul V. Smith, Douglas E. Shay, William C. Farmer, Leo R. Wetta, James R. Schaefer, and A. J. Focht, Wichita, Kan., with him on brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This is an interlocutory appeal, under 28 U.S.C. § 1292, from an Order denying Boeing Airplane Company's motion for summary judgment in a wrongful death action, based on the contention that the Administrator-plaintiff is no longer the real party in interest, under F.R.Civ.P. Rule 17(a).

The contention is founded on these facts. A Nebraska Administrator brought this diversity suit in the Kansas District Court for the wrongful death...

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