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HESS v. EDDY

No. 81-7634.

689 F.2d 977 (1982)

Carolyn N. HESS, Administratrix of the Estate of David Milano, deceased, Plaintiff-Appellant, v. Bob EDDY, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 21, 1982.

Attorney(s) appearing for the Case

James R. Foley, The Legal Clinic of Foley, Rodenhauser & Tuggle, Huntsville, Ala., for plaintiff-appellant.

Walker, Morris & Smith, Harvey B. Morris, Julian Butler, Huntsville, Ala., for American Druggist Co.

Lanier, Shaver & Herring, E. Cutter Hughes, Jr., Huntsville, Ala., for Eddy, et al.

W. Scears Barnes, Jr., Sp. Asst. Atty. Gen. for Dept. of Corrections, Alexander City, Ala., George W. Royer, Jr., Huntsville, Ala., Tom McAlpine, Asst. Atty. Gen. and Counsel for Dept. of Corrections, Montgomery, Ala., for Britton.

Before HILL and HATCHETT, Circuit Judges, and GOLDBERG, Senior Circuit Judge.

GOLDBERG, Circuit Judge:

In this appeal, we are asked to decide whether a civil rights action is time barred if a person other than the "real party in interest" brings suit within the applicable limitations period, and the real party in interest first joins and ratifies the action only after the limitations period has run. We conclude that the Federal Rules of Civil Procedure allow for an amendment or ratification by the...

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