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McNAMARA v. KERR-McGEE CHEMICAL CORP.

Civ. No. 2342.

328 F.Supp. 1058 (1971)

Thomas P. McNAMARA, as Ancillary Administrator of the Estate of Lawrence William Helmick, deceased, Plaintiff, v. KERR-McGEE CHEMICAL CORP. et al., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

July 12, 1971.

Attorney(s) appearing for the Case

Thomas F. Ellis, Maupin Taylor & Ellis, Raleigh, N. C., for plaintiff.

J. C. Moore, Raleigh, N. C., for defendant, Kerr-McGee Chemical Corp.

John E. Aldridge, Jr., Raleigh, N. C., for defendant, Metal Equipment Co., Inc.

Willis Smith, Jr., Raleigh, N. C., for defendant, Allied Chemical Corp.

ORDER

BUTLER, Chief Judge.

This wrongful death action is before the court upon plaintiff's motions for leave to amend the complaint and for substitution of a party plaintiff and for ratification of the complaint. Also before the court are motions to dismiss the complaint filed by all parties defendant alleging plaintiff's lack of capacity to sue, and a motion to dismiss as to defendant, Metal Equipment Company, alleging improper service of process under...

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