Marshall v. Navistar International Transportation Corp.

ORDER DENYING PLAINTIFF’S MOTION FOR DISMISSAL OF ACTION OR REMAND FOR FAILURE TO JOIN AN INDISPENSABLE PARTY

GADOLA, District Judge.

Plaintiff, Lynn Marshall, as personal representative for the estate of Kevin Morgan (“Morgan”), filed this negligence and breach of warranty action in Wayne County Circuit Court against defendants, Navistar International Transportation Corporation (“Navistar”) and Heil Tankers, Incorporated (“Heil”). The suit was removed to this court *608on June 7,1996. On July 18,1996, Marshall filed a motion for dismissal or, in the alternative, remand to state court for failing…