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Civil Procedure Keyed to Subrin
DM II, Ltd. v. Hospital Corporation of America
Facts
Plaintiffs and Defendants are partners in a for-profit hospital and the land it sits upon. Defendants opened up a hospital that competed against the partnership hospital. Plaintiffs as a group of partners brought this action, but Defendants claimed that the action should be dismissed under Fed. R. Civ. P. Rule 17(a) because the partnership as a whole is the real party in interest and therefore the partnership can bring the suit or the partners must file separately.
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