Cappello v. Union Carbide & Carbon Corp.

This is a motion by the defendants under rule 113 of the Buies of Civil Practice for an order dismissing the plaintiff’s amended complaint herein and directing the entry of judgment in favor of the defendants. The defendants move on the grounds that the amended complaint fails to state facts sufficient to constitute a cause of action against the defendant, Union Carbide & Carbon Corporation, and that the plaintiff is not the real party in interest because his cause of action against the defendant Electro Metallurgical Company, hereinafter called <£ Electro ”, has been assigned by operation of…