Cooper v. Wal-Mart Stores, Inc.

McDADE, District Judge.

ORDER

Before the Court is the Report and Recommendation of the Magistrate Judge [Doc. # 214] and Third-Party Plaintiff Carl A. Nelson’s (“Nelson”) Objection [Doc. #215] to such recommendation. On November 7, 1996, Mascouten Contractors, Inc. d/b/a Cooper Electric (“Cooper Electric”) 1 filed a Motion to Dismiss Counts II, III, and IV of Nelson’s Third Amended Third-Party Complaint. The motion was brought on two grounds: (1) Counts II, III, and IV fail to state a cause of action because “Cooper Electric” is not a legally recognized entity with the capacity to be sued; and…