Cunningham, Tallman, Pennington, Inc. v. Case-Hoyte Color Printers

Banke, Chief Judge.

The appellant, Cunningham, Tallman, Pennington, Inc., brought suit against “Case-Hoyte Color Printers” for breach of contract. “Case-Hoyt Atlanta Corporation” filed an answer and moved to dismiss the complaint on the basis that “Case-Hoyte Color Printers” was neither a legal entity nor a trade name for “Case-Hoyt Atlanta Corporation.” Thereafter, appellant moved to amend its complaint by substituting “Case-Hoyt Atlanta Corporation” for “Case-Hoyte Color Printers” as the named defendant. This appeal is from an order denying the motion to amend and granting the motion to…