Cates v. International Telephone & Telegraph Corp.

GARWOOD, Circuit Judge:

As presented to the district court, this case primarily involved questions relating to the authority of James Cates (“Cates”), as a partner in two Texas general partnerships, to maintain suit on asserted causes of action belonging to the partnerships. The district court ruled that Cates lacked such authority, and ultimately dismissed the suit. Following the perfection of his appeal and initial briefing, but prior to oral argument in this Court, Cates died, and the parties moved that his widow, Judy Nichols Cates, be substituted, in her capacity as Independent Executrix…