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HARTING v. BENHAM ENGINEERING COMPANY

No. 42869.

490 P.2d 1100 (1971)

Lillian M. HARTING, Administratrix of the Estate of Kenneth M. Harting, Deceased, Plaintiff in Error, v. BENHAM ENGINEERING COMPANY, Inc., an Oklahoma corporation, Defendant in Error.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied April 15, 1971.

Certiorari Denied October 15, 1971.

Attorney(s) appearing for the Case

Jack B. Sellers, Sapulpa, Swank & Swank, Stillwater, Joe A. Moore, Memphis, Tenn., of counsel, for plaintiff in error.

Pierce, Duncan, Couch & Hendrickson, Foliart, Shepherd & Mills, Oklahoma City, for defendant in error.

BACON, Judge.

Plaintiff in error, Lillian M. Harting, brought this suit for damages for the wrongful death of her husband, against Benham Engineering Company, Inc. The correct party defendant should have been Benham Engineering Company and Affiliates, a co-partnership. The trial court denied plaintiff's request to substitute Benham Engineering Company and Affiliates (Partnership) for Benham Engineering Company, Inc., (Corporation...

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