FOLEY, District Judge.
The defendant, Edgar A. Sadler, moves the Court to realign the parties to the end that Kathryn Powers Sadler, administratrix of the estate of Alfred R. Sadler, deceased, now joined as a defendant, be designated as a party plaintiff in the action. The motion is made upon the following grounds:
"(a) That it appears from the record herein and more particularly from plaintiff's Amended Complaint and the Answer thereto, and the Cross-complaint...
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