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JIM WALTER INVESTORS v. EMPIRE-MADISON, INC.

Civ. A. No. C75-804A.

401 F.Supp. 425 (1975)

JIM WALTER INVESTORS, a Florida business trust v. EMPIRE-MADISON, INC., a Georgia Corporation.

United States District Court, N. D. Georgia, Atlanta Division.

September 30, 1975.

Attorney(s) appearing for the Case

Peyton S. Hawes, Jr., William L. Bost, Jr., of Cofer, Beauchamp & Hawes, Atlanta, Ga., for plaintiff.

Trammell Newton, of Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for defendant.

ORDER

O'KELLEY, District Judge.

Presently before the court in this breach of contract action is the defendant's motion to dismiss, which is based upon five separate grounds: (1) failure to state a claim; (2) lack of subject matter jurisdiction; (3) lack of capacity to sue; (4) failure to join a required party; and (5) the fact that the plaintiff is not the real party in interest. Since this court concludes that the action should be dismissed for lack of...

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