Legal Opinion
Curtis v. United States
United States Court of Federal Claims
Decided December 9, 2004No. 03-1247 CPublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
HEWITT, Judge.
The court has before it the parties’ briefing for a determination under Rule 17 of the Rules of the Court of Federal Claims (RCFC) of the identity of the real party in interest in this case. Plaintiffs Reply to [Court Order] (PI.’s Reply); Defendant’s Response to Plaintiffs Reply to Court Order (Def.’s Resp.). Rule 17(a) requires that “[e]very action ... be prosecuted in the name of the real party in interest.” Ascertaining the proper party in interest is a threshold issue that must be resolved before reaching the merits of a claim. Page v. United States, 49…
2Cases cited23 opinions
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Frank Palazzo v. Gulf Oil Corporation, a Pennsylvania CorporationCourt of Appeals for the Eleventh Circuit · 1985
- United States Ex Rel. Chapman v. Federal Power CommissionSupreme Court of the United States · 1953
- United States v. ShannonSupreme Court of the United States · 1952
- Michael J. Von Brimer, Co-Executors of the Estate of Joseph W. Von Brimer, Deceased v. Whirlpool CorporationCourt of Appeals for the Ninth Circuit · 1976
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3Cited by4 opinions
- Alli v. United StatesUnited States Court of Federal Claims · 2010
- Rochester Gas & Electric Corp. v. United StatesUnited States Court of Federal Claims · 2005
- Zapata v. McHughNebraska Supreme Court · 2017
- Green v. BlakeDistrict Court, D. Kansas · 2019