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CONDOR INVESTMENT CO. v. PACIFIC COCA-COLA BOTTLING CO.

Civ. No. 62-8.

211 F.Supp. 671 (1962)

CONDOR INVESTMENT COMPANY, an Oregon corporation, Plaintiff, v. PACIFIC COCA-COLA BOTTLING CO., a Delaware corporation, Defendant.

United States District Court D. Oregon.

November 15, 1962.

Attorney(s) appearing for the Case

James B. O'Hanlon of Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for defendant.

John Gordon Gearin of Koerner, Young, McColloch & Dezendorf, Portland, Or., for plaintiff.

KILKENNY, District Judge.

This matter is before the Court on the issues created by defendant's plea in abatement, in which it is charged that plaintiff is not the real party in interest and that the action should be abated in conformity with the provisions of Rule 17(a), F.R.Civ.P.

In May, 1960, plaintiff was the owner of a certain building which was damaged by fire. Plaintiff alleges that the loss was due to defendant's negligence. Plaintiff's loss was covered...

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