Legal Opinion

Neal v. Trim-Master Corp.

District Court, N.D. Mississippi

Decided May 28, 1969No. EC 692-KPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION ON MOTION FOR JOINDER OF PARTY

KEADY, Chief Judge.

A question presented since our former ruling on April 9, 1969, 48 F.R.D. 390, is whether an employee who has received payments from his employer’s insurance carrier pursuant to Mississippi Workmen’s Compensation statutes (Miss.Code Ann. §§ 6998-01, et seq.) is required by Rule 17(a), F.R.Civ.P.1 to join his employer and the insurance carrier as parties plaintiff in his suit against the alleged tort-feasor. Cross v. Harrington, 294 F.Supp. 1340 (N.D.Miss.1969, Smith, J.) held in the affirmative, and, for the reasons expressed…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  3. Sunray Oil Corporation v. AllbrittonCourt of Appeals for the Fifth Circuit · 1951
  4. American Creosote Works of La. v. HarpMississippi Supreme Court · 1952
  5. Richardson v. U. S. F. & G. Co.Mississippi Supreme Court · 1958

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Robert Eikel and J. E. Davey v. States Marine Lines, Inc.Court of Appeals for the Fifth Circuit · 1973
  2. Southern Nat. Bank of Houston, Tex. v. Tri Financial Corp.District Court, S.D. Texas · 1970
  3. James v. Nashville Bridge Co.District Court, N.D. Mississippi · 1977
  4. Peyton v. Pascagoula Drayage Co.District Court, N.D. Mississippi · 1975
  5. South Down Liquors, Inc. v. HayesCourt of Special Appeals of Maryland · 1990

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