Legal Opinion

Stephens v. Balkamp, Inc.

District Court, E.D. Tennessee

Decided October 10, 1975No. CIV-4-75-14PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a removed diversity action. 28 U.S.C. §§ 1332(a)(1), (c), 1441(a). Before any responsive pleading was served herein, the plaintiffs moved to amend their complaint. Rule 15(a), Federal Rules of Civil Procedure.

One purport of such amendment was to change the name of the defendant Balkaman, Inc. to “Balkamp, Inc.” Since such amendment relates to the correction of a misnomer, same hereby is ALLOWED and relates back to the date of the original pleading. Cf. Ray McKeever, Et Al., plaintiffs, v. Lee Hassa Raines, Etc., defendant, no.…

2Cases cited2 opinions

  1. Craig v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  2. Smith v. CraigCourt of Appeals of Tennessee · 1972

3Cited by14 opinions

  1. Adkins v. Nabors Alaska Drilling, Inc.Alaska Supreme Court · 1980
  2. Farmer v. StateAlaska Supreme Court · 1990
  3. Jenkins v. CarruthDistrict Court, E.D. Tennessee · 1982
  4. Holden v. R. J. Reynolds Industries, Inc.District Court, M.D. North Carolina · 1979
  5. Sassi v. BreierDistrict Court, E.D. Wisconsin · 1977

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API