AMERICAN TRITICALE, INC. v. NYTCO SERVICES, INC.

Nos. 80-3068, 80-3114.

664 F.2d 1136 (1981)

AMERICAN TRITICALE, INC., an Idaho corporation, Plaintiff-Appellant, v. NYTCO SERVICES, INC., a Minnesota corporation; Steven Franz, an individual and a resident of the State of Oklahoma; J. H. Minet & Company, a Canadian corporation, authorized to do business in the United States with service agents in New York; Lloyd's Underwriters and Insurance Companies, a British corporation, authorized to do business in the United States with service agents in New York; Excess Insurance Company, Ltd., Harbor Insurance Company, Turegum Insurance Company Ltc., Union America Insurance Company, Bellefonte Insurance Company, Mentor Insurance Company, Yasuda Fire & Marine Insurance, North Atlantic Insurance Company, Insurance Company of the State of Pennsylvania, St. Paul Fire and Marine Insurance Company; various insurance companies authorized to do business in the United States with service agents in New York; Insurance Companies I through XX; John Does I through XX, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1981.

As Amended on Denial of Rehearing February 22, 1982.


Attorney(s) appearing for the Case

Joseph M. Coughlan, Coughlan, Coughlan & Korn, Boise, Idaho, for plaintiff-appellant.

Hawley, Troxell, Ennis & Hawley, Boise, Idaho, on brief, for defendants-appellees.

Gary D. Babbitt, Boise, Idaho, for Nytco.

Christopher C. Burke, Boise, Idaho, for Steven Franz.

Before SCHROEDER and ALARCON, Circuit Judges, and HATFIELD, District Judge.


ALARCON, Circuit Judge:

American Triticale, Inc. (hereinafter "American") appeals the district court's order of partial summary judgment for Nytco Services, Inc. (hereinafter "Nytco") and Steven Franz on several counts in American's third amended complaint.1 In granting partial summary judgment the court concluded that: (1) American was not the real party in interest pursuant to Fed.R.Civ.P. 17(a)2 and, therefore...

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