Sherwood Memorial Park, Inc. v. Bryan

McMurray, Judge.

David B. Bryan, d/b/a Memorial Management Company, filed a suit for damages against Sherwood Memorial Park, Inc. Defendant answered and asserted, inter alia, failure to join an indispensable party and failure to prosecute said action in the name of the real party in interest — alleging that plaintiff, Memorial Management Company, is a partnership composed of David B. Bryan and Nell M. Bryan.

Defendant also filed a separate motion to dismiss upon the same grounds. A hearing was scheduled on the motion. Depositions of David and Nell M. Bryan were filed, although sealed. At the…