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United States Tenth Circuit


ESPOSITO v. US, 03-3183

The district court abused its discretion in denying substition of plaintiff's wife as plaintiff pursuant to Federal Rules of Civil Procedure 17(a), based on counsel's failure to show that his "honest" mistake was also "understandable."

Appellate Information

  • Decided 05/27/2004
  • Published 05/27/2004

Judges

  • EBEL, Circuit Judge., Before EBEL, BALDOCK, and LUCERO, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Pantaleon Florez, Jr., Topeka, KS, for Plaintiff-Appellant.

  • For Appellees:
  • Eric F. Melgren, United States Attorney, Christopher Allman, Assistant United States Attorney, Kansas City, KS, for Defendant-Appellee.
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