St. Paul Fire & Marine Insurance v. Continental Building Operating Co.

WHITTAKER, District Judge.

By our opinion in this cause, of November 9, 1955, Rosenfeld v. Continental Building Operating Company, D.C., 135 F.Supp. 465, we held that the original plaintiff, Rosenfeld, did not have, and had never had, any legal title to, or beneficial interest in this cause of action and was not the real party in interest, but we did not sustain defendant’s motion for a summary judgment — by which the question was raised — , but, instead, we treated and sustained the motion as one to dismiss, but granted leave to the insurer, St. Paul Fire & Marine Insurance Company, to come…