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WERKLEY v. KONINKLIJKE LUCHTVAART MAATSCHAPPIJ N. V.

111 F.Supp. 300 (1951)

WERKLEY et al. v. KONINKLIJKE LUCHTVAART MAATSCHAPPIJ N. V.

United States District Court, S. D. New York.

October 4, 1951.

Attorney(s) appearing for the Case

Walsh & Levine, New York City, for plaintiff. Theodore E. Wolcott, New York City, of counsel.

Condon & Forsyth, New York City, for defendant. Cyril Hyde Condon and George Foster, Jr., New York City, of counsel.

RYAN, District Judge.

Defendant moves under Fed.Rules Civ. Proc. rule 15(a), 28 U.S.C.A., for permission to serve an amended answer, pleading an additional, separate and complete defense alleging that plaintiff is not the real party in interest in that the Indemnity Insurance Company of North America, the carrier of the deceased's workman's compensation insurance, is now, by operation of Section 29, subd. 2, of the Workmen...

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