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CALDWELL v. METCALFE

No. CIV-2-77-108.

458 F.Supp. 847 (1977)

Craig H. CALDWELL etc., Plaintiff, v. Thomas O. METCALFE, Jr., etc., et al., Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

On Motion to Dismiss March 15, 1978.

Attorney(s) appearing for the Case

J. D. Lee Law Offices, Madisonville, Tenn., Wendal D. Jackson, Bristol, Tenn., for plaintiff.

Jonathan H. Burnett, Hodges, Doughty & Carson, Knoxville, Tenn., for Bendix Corporation, etc.

M. Lacy West, Kingsport, Tenn., for Sealy Mattress Co.

J. Paul Coleman, Herndon, Coleman, Brading & McKee, Johnson City, Tenn., for Cardinal Aviation, Inc.

McAfee Lee, Knoxville, Tenn., for Appalachian Flying.

Thomas Leitner, Mann, Warner & Owens by R. Vann Owens, Chattanooga, Tenn., for Raleigh-Durham Aviation.

Kern & Wooley, Santa Monica, Cal., Matlack, Foote, Scott, Joseph & Wilkinson, Wichita, Kan., David L. Franklin, Luther, Anderson, Cleary, Luhowiak & Cooper, Chattanooga, Tenn., for United Instruments Corp.

Humphreys, Hutcheson & Moseley, Chattanooga, Tenn., for Teledyne-Continental, Inc.

R. Hunter Cagle, Poore, Cox, Baker, McAuley, Ray & Byrne, Knoxville, Tenn., for Cessna Aircraft Co.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

A magistrate of this district recommended (1) that Craig H. Caldwell, administrator of the estate of Samuel B. Cannon, Jr., be substituted for Samuel B. Cannon, III as the party plaintiff herein, Rule 17(a), Federal Rules of Civil Procedure, and (2) that the respective motions of the corporate defendants, that this action be dismissed (a) because it was not brought in the name of the real party in interest...

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