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COLE v. BOYD

719 A.2d 311 (1998)

Richard A. COLE, M.D., FACP, Richard A. Cole, M.D., Inc. v. Chris BOYD, Fred Lessinger, B & L Medical Inc., Pie Medical, Inc. Appeal of Richard A. COLE, M.D.

Superior Court of Pennsylvania.

Filed August 19, 1998.

Attorney(s) appearing for the Case

Richard A. Cole, M.D., in propria persona, appellant.

Robert A. Sambroak, Jr., Erie, for Boyd, Lessinger and B & L Medical, appellees.

Thomas Smolinski, Pittsburgh, for PIE Medical, appellee.

Before POPOVICH, SCHILLER and BECK, JJ.

POPOVICH, Judge:

The plaintiffs, Richard A. Cole, MD and Richard A. Cole, MD, Inc.,1 appeal the order granting a Motion to Dismiss by the defendants, Chris Boyd, Fred Lessinger, B & L Medical, Inc., Pie Medical, Inc. on the basis that "Plaintiff Richard A. Cole, MD is the real party in interest in this litigation ... [and a] party cannot be dismissed with prejudice for failing to follow ... [Pa.R.Civ.P. 2002—Prosecution of Actions...

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