Cross v. Harrington

OPINION

ORMA R. SMITH, District Judge.

On April 25, 1968 the defendants filed a motion to dismiss or to require a real party in interest to be substituted or joined in the action. On May 16, 1968 the defendants filed a brief in support of this motion; the *1341plaintiff filed a brief in opposition to the motion on May 27, 1968. The issue before the Court is whether the defendants, on timely motion, can compel a joinder of a subrogee insurer with the plaintiff under Rule 17(a), Federal Rules of Civil Procedure. In the federal courts clearly they can under Rules 19 and 21 of Federal Rules of Civil…