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LUCAS v. DURABOND PRODUCTS CO.

Civ. A. No. 79-164.

510 F.Supp. 999 (1981)

Carlton N. LUCAS and Norma J. Lucas, Plaintiffs, v. DURABOND PRODUCTS COMPANY d/b/a Chicago Mastic (CMC) and Rochester Thread, Inc.

United States District Court, W. D. Pennsylvania.

April 2, 1981.

MEMORANDUM ORDER

WEBER, Chief Judge.

In this case the defendant has moved to require the dismissal of this case because it is not brought by the real party in interest as required by Fed.R.Civ.P. 17(a). A real party in interest in this case is the plaintiff's employer (or its insurance carrier) who seeks by this action to recover a large sum of money from the defendant as their subrogation right.

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