Fluoro Electric Corporation v. Branford Associates

LUMBARD, Circuit Judge:

Branford Associates appeals from an order of the district court for the Southern District (Gurfein, J.) dated April 30, 1973, granting the plaintiff Fluoro Electric Corporation’s motion under Rule 60, F.R.Civ.P., to substitute “Bran-ford Associates” for “Branford Associates, a corporation,” as the named defendant in this ease. 1 We also consider in connection therewith, and more particularly with relation to another appeal in this same case decided adversely to the appellant, a motion by the plaintiffappellee under Rule 38, F.R.A.P., which asks damages and costs in the…