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ATKINS v. DeHAVILLAND AIRCRAFT CO. OF CANADA

No. S-252.

699 P.2d 352 (1985)

Alfred S. ATKINS, Jr. and Rosemarie C. Atkins, Appellants, v. DeHAVILLAND AIRCRAFT COMPANY OF CANADA, LTD., Appellee.

Supreme Court of Alaska.

May 10, 1985.

Attorney(s) appearing for the Case

Mark A. Sandberg, Camarot, Sandberg, Hunter & Smith, Anchorage, for appellants.

Steven S. Tervooren, Frank A. Pfiffner, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

COMPTON, Justice.

This is an appeal from a summary judgment for a manufacturer against an injured aircraft passenger based on the statute of limitations. The superior court found that passenger's amended complaint does not relate back to its date of filing under Civil Rule 15(c) because there was no mistake as to the manufacturer's identity and passenger may not intervene as a plaintiff in a consolidated case when there is no identity of interest...

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