McCall v. United Engineering & Foundry Co.

DAWSON, District Judge.

This is a motion to strike as insufficient • in law that part of defendant’s answer asserting that the plaintiff is not the real party in interest. Defendant’s answer has previously been sustained but plaintiff here, in effect, moves for reconsideration on the authority of Czaplicki v. The Heogh Silvercloud, 1956, 351 U.S. 525, 76 S.Ct. 946, 100 L. Ed. 1387.

In 1950 plaintiff sustained personal injury for which he received an award under the New York Workmen’s Compensation Law, McKinney’s Consol. Laws, *802c. 67. In regard to common law rights it provides, in § 29, that if…