OPINION OF THE COURT
SPRINT COMMUNICATIONS CO. V. APCC SERVICES, INC.
554 U. S. ____ (2008)
SUPREME COURT OF THE UNITED STATES
NO. 07-552
SPRINT COMMUNICATIONS COMPANY, L. P.,
et al., PETITIONERS
v. APCC SERVICES, INC.,
et al.
on writ of certiorari to the united states court of
appeals for the district of columbia circuit
[June 23, 2008]
Justice Breyer delivered the
opinion of the Court.
The question before us is whether
an assignee of a legal claim for money owed has standing to pursue
that claim in federal court, even when the assignee has promised to
remit the proceeds of the litigation to the assignor. Because
history and precedent make clear that such an assignee has long
been permitted to bring suit, we conclude that the assignee does
have standing.
I
When a payphone customer makes a
long-distance call with an access code or 1–800 number issued by a
long-distance communications carrier, the customer pays the carrier
(which completes that call), but not the payphone operator (which
connects that call to the carrier in the first place). In these
circumstances, the long-distance carrier is required to compensate
the payphone operator for the customer’s call. See 47 U. S. C.
§226; 47 CFR §64.1300 (2007). The payphone operator can sue the
long-distance carrier in court for any compensation that the
carrier fails to pay for these “dial-around” calls. And many have
done so. See
Global Crossing Telecommunications, Inc. v.
Metrophones Telecommunications, Inc., 550 U. S. ___ (2007)
(finding that the Communications Act of 1934 authorizes such
suits).
Because litigation is expensive,
because the evidentiary demands of a single suit are often great,
and because the resulting monetary recovery is often small, many
payphone operators assign their dial-around claims to billing and
collection firms called “aggregators” so that, in effect, these
aggregators can bring suit on their behalf. See Brief for
Respondents 3. Typically, an individual aggregator collects claims
from different payphone operators; the aggregator promises to remit
to the relevant payphone operator (
i.e., the assignor of
the claim) any dial-around compensation that is recovered; the
aggregator then pursues the claims in court or through settlement
negotiations; and the aggregator is paid a fee for this
service.
The present litigation involves a group of
aggregators who have taken claim assignments from approximately
1,400 payphone operators. Each payphone operator signed an
Assignment and Power of Attorney Agreement (Agreement) in which the
payphone operator “assigns, transfers and sets over to [the
aggregator] for purposes of collection all rights, title and
interest of the [payphone operator] in the [payphone operator’s]
claims, demands or causes of action for ‘Dial-Around Compensation’
. . . due the [payphone operator] for periods since October 1,
1997.” App. to Pet. for Cert. 114a. The Agreement also “appoints”
the aggregator as the payphone operator’s “true and lawful
attorney-in-fact.”
Ibid. The Agreement provides that the
aggregator will litigate “in the [payphone operator’s] interest.”
Id., at 115a. And the Agreement further stipulates that
the assignment of the claims “may not be revoked without the
written consent of the [aggregator].”
Ibid. The aggregator
and payphone operator then separately agreed that the aggregator
would remit all proceeds to the payphone operator and that the
payphone operator would pay the aggregator for its services
(typically via a quarterly charge).
After signing the agreements, the aggregators
(respondents here) filed lawsuits in federal court seeking
dial-around compensation from Sprint, AT&T, and other
long-distance carriers (petitioners here). AT&T moved to
dismiss the claims, arguing that the aggregators lack standing to
sue under Article III of the Constitution. The District Court
initially agreed to dismiss,
APCC Servs., Inc. v.
AT&T Corp., 254 F. Supp. 2d 135, 140–141 (DC
2003), but changed its mind in light of a “long line of cases and
legal treatises that recognize a well-established principle that
assignees for collection purposes are entitled to bring suit where
[as here] the assignments transfer absolute title to the claims.”
APCC Servs., Inc. v.
AT&T Corp., 281 F. Supp.
2d 41, 45 (DC 2003). After consolidating similar cases, a divided
panel of the Court of Appeals for the District of Columbia Circuit
agreed that the aggregators have standing to sue, but held that the
relevant statutes do not create a private right of action.
APCC
Servs., Inc. v.
Sprint Communications Co., 418
F. 3d 1238 (2005)
(per curiam). This Court granted
the aggregators’ petition for certiorari on the latter statutory
question, vacated the judgment, and remanded the case for
reconsideration in light of
Global Crossing, supra.
APPC Services, Inc. v.
Sprint Communications Co.
550 U. S. ___ (2007). On remand, the Court of Appeals affirmed the
orders of the District Court allowing the litigation to go forward.
489 F. 3d 1249, 1250 (2007)
(per curiam). The
long-distance carriers then asked us to consider the standing
question. We granted certiorari, and we now affirm.
II
We begin with the most basic
doctrinal principles: Article III, §2, of the Constitution
restricts the federal “judicial Power” to the resolution of “Cases”
and “Controversies.” That case-or-controversy requirement is
satisfied only where a plaintiff has standing. See,
e.g.,
DaimlerChrysler Corp. v.
Cuno,
547 U. S. 332 (2006).
And in order to have Article III standing, a plaintiff must
adequately establish: (1) an injury in fact (
i.e., a
“concrete and particularized” invasion of a “legally protected
interest”); (2) causation (
i.e., a “ ‘fairly …
trace[able]’ ” connection between the alleged injury in fact
and the alleged conduct of the defendant); and (3) redressability
(
i.e., it is “ ‘likely’ ” and not “merely
‘speculative’ ” that the plaintiff’s injury will be remedied
by the relief plaintiff seeks in bringing suit).
Lujan v.
Defenders of Wildlife,
504 U. S. 555, 560–561
(1992) (calling these the “irreducible constitutional minimum”
requirements).
In
some sense, the
aggregators clearly meet these requirements. They base their suit
upon a concrete and particularized “injury in fact,” namely, the
carriers’ failure to pay dial-around compensation. The carriers
“caused” that injury. And the litigation will “redress” that
injury—if the suits are successful, the long-distance carriers will
pay what they owe. The long-distance carriers argue, however, that
the aggregators lack standing because it was the payphone operators
(who are not plaintiffs), not the aggregators (who are plaintiffs),
who were “injured in fact” and that it is the payphone operators,
not the aggregators, whose injuries a legal victory will truly
“redress”: The aggregators, after all, will remit all litigation
proceeds to the payphone operators. Brief for Petitioners 18. Thus,
the question before us is whether, under these circumstances, an
assignee has standing to pursue the assignor’s claims for money
owed.
We have often said that history and tradition
offer a meaningful guide to the types of cases that Article III
empowers federal courts to consider. See,
e.g.,
Steel
Co. v.
Citizens for Better Environment,
523 U. S. 83, 102 (1998)
(“We have always taken [the case-or-controversy requirement] to
mean cases and controversies of the sort
traditionally
amenable to, and resolved by, the judicial process” (emphasis
added));
GTE Sylvania, Inc. v.
Consumers Union of
United States, Inc.,
445 U. S. 375, 382
(1980) (“The purpose of the case-or-controversy requirement is to
limit the business of federal courts to questions presented in an
adversary context and in a form
historically viewed as
capable of resolution through the judicial process” (emphasis added
and internal quotation marks omitted)); cf.
Coleman v.
Miller,
307
U. S. 433, 460 (1939) (opinion of Frankfurter, J.) (in crafting
Article III, “the framers … gave merely the outlines of what were
to them the familiar operations of the English judicial system and
its manifestations on this side of the ocean before the Union”).
Consequently, we here have carefully examined how courts have
historically treated suits by assignors and assignees. And we have
discovered that history and precedent are clear on the question
before us: Assignees of a claim, including assignees for
collection, have long been permitted to bring suit. A clear
historical answer at least demands reasons for change. We can find
no such reasons here, and accordingly we conclude that the
aggregators have standing.
A
We must begin with a minor
concession. Prior to the 17th century, English law would not have
authorized a suit like this one. But that is because, with only
limited exceptions, English courts refused to recognize assignments
at all. See,
e.g.,
Lampet’s Case, 10 Co. Rep.
46b, 48a, 77 Eng. Rep. 994, 997 (K. B. 1612) (stating that “no
possibility, right, title, nor thing in action, shall be granted or
assigned to strangers” (footnote omitted));
Penson &
Highbed’s Case, 4 Leo. 99, 74 Eng. Rep. 756 (K. B. 1590)
(refusing to recognize the right of an assignee of a right in
contract); see also 9 J. Murray, Corbin on Contracts §47.3, p. 134
(rev. ed. 2007) (noting that the King was excepted from the basic
rule and could, as a result, always receive assignments).
Courts then strictly adhered to
the rule that a “chose in action”—an interest in property not
immediately reducible to possession (which, over time, came to
include a financial interest such as a debt, a legal claim for
money, or a contractual right)—simply “could not be transferred to
another person by the strict rules of the ancient common law.” See
2 W. Blackstone, Commentaries *442. To permit transfer, the courts
feared, would lead to the “multiplying of contentions and suits,”
Lampet’s Case,
supra, at 48a, 77 Eng. Rep., at
997, and would also promote “maintenance,”
i.e., officious
intermeddling with litigation, see Holdsworth, History of the
Treatment of
Choses in Action by the Common Law, 33 Harv.
L. Rev. 997, 1006–1009 (1920).
As the 17th century began, however, strict
anti-assignment rules seemed inconsistent with growing commercial
needs. And as English commerce and trade expanded, courts began to
liberalize the rules that prevented assignments of choses in
action. See 9 Corbin,
supra, §47.3, at 134 (suggesting
that the “pragmatic necessities of trade” induced “evolution of the
common law”); Holdsworth,
supra, at 1021–1022 (the “common
law” was “induced” to change because of “considerations of
mercantile convenience or necessity”); J. Ames, Lectures on Legal
History 214 (1913) (noting that the “objection of maintenance”
yielded to “the modern commercial spirit”). By the beginning of the
18th century, courts routinely recognized assignments of equitable
(but not legal) interests in a chose in action: Courts of equity
permitted suits by an assignee who had equitable (but not legal)
title. And courts of law effectively allowed suits either by the
assignee (who had equitable, but not legal title) or the assignor
(who had legal, but not equitable title).
To be more specific, courts of equity would
simply permit an assignee with a beneficial interest in a chose in
action to sue in his own name. They might, however, require the
assignee to bring in the assignor as a party to the action so as to
bind him to whatever judgment was reached. See,
e.g.,
Warmstrey v.
Tanfield, 1 Ch. Rep. 29, 21 Eng.
Rep. 498 (1628–1629);
Fashion v.
Atwood, 2 Ch.
Cas. 36, 22 Eng. Rep. 835 (1688);
Peters v.
Soame, 2 Vern. 428, 428–429, 23 Eng. Rep. 874 (Ch. 1701);
Squib v.
Wyn, 1 P. Wms. 378, 381, 24 Eng. Rep.
432, 433 (Ch. 1717);
Lord Carteret v.
Paschal, 3
P. Wms. 197, 199, 24 Eng. Rep. 1028, 1029 (Ch. 1733);
Row
v.
Dawson, 1 Ves. sen. 331, 332–333, 27 Eng. Rep. 1064,
1064–1065 (Ch. 1749). See also M. Smith, Law of Assignment: The
Creation and Transfer of Choses in Action 131 (2007) (by the
beginning of the 18th century, “it became settled that equity would
recognize the validity of the assignment of both debts and of other
things regarded by the common law as choses in action”).
Courts of law, meanwhile, would permit the
assignee with an equitable interest to bring suit, but nonetheless
required the assignee to obtain a “power of attorney” from the
holder of the legal title, namely, the assignor, and further
required the assignee to bring suit
in the name of that
assignor. See,
e.g., Cook, Alienability of Choses in
Action, 29 Harv. L. Rev. 816, 822 (1916) (“[C]ommon law
lawyers were able, through the device of the ‘power of attorney’ …
to enable the assignee to obtain relief in common law proceedings
by suing in the name of the assignor”); 29 R. Lord, Williston on
Contracts §74.2, pp. 214–215 (4th ed. 2003). Compare,
e.g., Barrow v.
Gray, Cro. Eliz. 551, 78
Eng. Rep. 797 (Q. B. 1653), and
South & Marsh’s Case,
3 Leo. 234, 74 Eng. Rep. 654 (Exch. 1686) (limiting the use of a
power of attorney to cases in which the assignor owed the assignee
a debt), with Holdsworth,
supra, at 1021 (noting that
English courts abandoned that limitation by the end of the 18th
century). At the same time, courts of law would permit an assignor
to sue
even when he had transferred away his beneficial
interest. And they permitted the assignor to sue in such
circumstances precisely because the assignor retained legal title.
See,
e.g.,
Winch v.
Keeley, 1 T. R. 619,
99 Eng. Rep. 1284 (K. B. 1787) (allowing the bankrupt assignor of a
chose in action to sue a debtor for the benefit of the assignee
because the assignor possessed legal, though not equitable,
title).
The upshot is that by the time Blackstone
published volume II of his Commentaries in 1766, he could dismiss
the “ancient common law” prohibition on assigning choses in action
as a “nicety … now disregarded.” 2 Blackstone,
supra, at
*442.
B
Legal practice in the United
States largely mirrored that in England. In the latter half of the
18th century and throughout the 19th century, American courts
regularly “exercised their powers in favor of the assignee,” both
at law and in equity. 9 Corbin on Contracts §47.3, at 137. See,
e.g.,
McCullum v.
Coxe, 1 Dall. 139 (Pa.
1785) (protecting assignee of a debt against a collusive settlement
by the assignor);
Dennie v.
Chapman, 1 Root 113,
115 (Conn. Super. 1789) (assignee of a nonnegotiable note can bring
suit “in the name of the original promisee or his administrator”);
Andrews v.
Beecker, 1 Johns. Cas. 411, 411–412,
n. (N. Y. Sup. 1800) (“Courts of law … are, in justice, bound to
protect the rights of the assignees, as much as a court of equity,
though they may still require the action to be brought in the name
of the assignor”);
Riddle & Co. v.
Mandeville, 5 Cranch 322 (1809) (assignees of promissory
notes entitled to bring suit in equity). Indeed, §11 of the
Judiciary Act of 1789 specifically authorized federal courts to
take “cognizance of any suit to recover the contents of any
promissory note or other chose in action in favour of an assignee”
so long as federal jurisdiction would lie if the assignor himself
had brought suit. 1 Stat. 79.
Thus, in 1816, Justice Story,
writing for a unanimous Court, summarized the practice in American
courts as follows: “Courts of law, following in this respect the
rules of equity, now take notice of assignments of choses in
action, and exert themselves to afford them every support and
protection.”
Welch v.
Mandeville, 1 Wheat. 233,
236. He added that courts of equity have “disregarded the rigid
strictness of the common law, and protected the rights of the
assignee of choses in action,” and noted that courts of common law
“now consider an assignment of a chose in action as substantially
valid, only preserving, in certain cases, the form of an action
commenced in the name of the assignor.”
Id., at 237,
n.
It bears noting, however, that at the time of
the founding (and in some States well before then) the law did
permit the assignment of legal title to at least some choses in
action. In such cases, the assignee could bring suit on the
assigned claim in his own name, in a court of law. See,
e.g., 3 Va. Stat. at Large 378, Ch. XXXIV (W. Hening ed.
1823) (reprinted 1969) (Act of Oct. 1705) (permitting any person to
“assign or transfer any bond or bill for debt over to any other
person” and providing that “the asignee or assignees, his and their
executors and administrators by virtue of such assignment shall and
may have lawfull power to commence and prosecute any suit at law in
his or their own name or names”); Act of May 28, 1715, Ch. XXVIII,
Gen. Laws of Penn. 60 (J. Dunlop 2d ed. 1849) (permitting the
assignment of “bonds, specialties, and notes” and authorizing “the
person or persons, to whom the said bonds, specialties or notes,
are … assigned” to “commence and prosecute his, her, or their
actions at law”); Patent Act of 1793, ch. 11, §4, 1 Stat. 322
(“[I]t shall be lawful for any inventor, his executor or
administrator to assign the title and interest in the said
invention, at anytime, and the assignee … shall thereafter stand in
the place of the original inventor, both as to right and
responsibility”).
C
By the 19th century, courts began
to consider the specific question presented here: whether an
assignee of a legal claim for money could sue when that assignee
had promised to give all litigation proceeds back to the assignor.
During that century American law at the state level became less
formalistic through the merger of law and equity, through statutes
more generously permitting an assignor to pass legal title to an
assignee, and through the adoption of rules that permitted any
“real party in interest” to bring suit. See 6A C. Wright, A.
Miller, & M. Kane, Federal Practice and Procedure §1541, pp.
320–321 (2d ed. 1990) (hereinafter Wright & Miller); see also 9
Corbin,
supra, §47.3, at 137. The courts recognized that
pre-existing law permitted an assignor to bring suit on a claim
even though the assignor retained nothing more than naked legal
title. Since the law increasingly permitted the transfer of legal
title to an assignee, courts agreed that assignor and assignee
should be treated alike in this respect. And rather than abolish
the assignor’s well-established right to sue on the basis of naked
legal title alone, many courts instead
extended the same right
to an assignee. See,
e.g., Clark & Hutchins, The
Real Party in Interest, 34 Yale L. J. 259, 264–265 (1925)
(noting that the changes in the law permitted both the assignee
with “naked legal title” and the assignee with an equitable
interest in a claim to bring suit).
Thus, during the 19th century,
most state courts entertained suits virtually identical to the
litigation before us: suits by individuals who were assignees for
collection only,
i.e., assignees who brought suit to
collect money owed to their assignors but who promised to turn over
to those assignors the proceeds secured through litigation. See,
e.g.,
Webb & Hepp v.
Morgan, McClung
& Co., 14 Mo. 428, 431 (1851) (holding that the assignees
of a promissory note for collection only can bring suit, even
though they lack a beneficial interest in the note, because the
assignment “creates in them such legal interest, that they thereby
become the persons to sue”);
Meeker v.
Claghorn,
44 N. Y. 349, 350, 353 (1871) (allowing suit by the assignee
of a cause of action even though the assignors “ ‘expected to
receive the amount recovered in the action,’ ” because the
assignee, as “legal holder of the claim,” was “the real party in
interest”);
Searing v.
Berry, 58 Iowa 20, 23, 24,
11 N. W. 708, 709 (1882) (where legal title to a judgment was
assigned “merely for the purpose of enabling plaintiff to enforce
the collection” and the assignor in fact retained the beneficial
interest, the plaintiff-assignee could “prosecute this suit to
enforce the collection of the judgment”);
Grant v.
Heverin, 77 Cal. 263, 265, 19 P. 493 (1888) (holding that
the assignee of a bond could bring suit, even though he lacked a
beneficial interest in the bond, and adopting the rule that an
assignee with legal title to an assigned claim can bring suit even
where the assignee must “account to the assignor” for “a part of
the proceeds” or “is to account for the whole proceeds” (internal
quotation marks omitted));
McDaniel v.
Pressler,
3 Wash. 636, 638, 637, 29 P. 209, 210 (1892) (holding that the
assignee of promissory notes was the real party in interest, even
though the assignment was “for the purpose of collection” and the
assignee had “no interest other than that of the legal holder of
said notes”);
Wines v.
Rio Grande W. R. Co.,
9 Utah 228, 235, 33 P. 1042, 1044, 1045 (1893) (holding that an
assignee could bring suit based on causes of action assigned to him
“simply to enable him to sue” and who “would turn over to the
assignors all that was recovered in the action, after deducting
[the assignors’] proportion of the expenses of the suit”);
Gomer v.
Stockdale, 5 Colo. App. 489, 492, 39 P.
355, 357, 356 (1895) (permitting suit by a party who was assigned
legal title to contractual rights, where the assignor retained the
beneficial interest, noting that the doctrine that “prevails in
Colorado” is that the assignee may bring suit in his own name
“although there may be annexed to the transfer the condition that
when the sum is collected the whole or some part of it must be paid
over to the assignor”). See also Appendix,
infra
(collecting cases from numerous other States approving of suits by
assignees for collection).
Of course, the dissent rightly notes,
some States during this period of time refused to
recognize assignee-for-collection suits, or otherwise equivocated
on the matter. See
post, at 12–13. But so
many
States allowed these suits that by 1876, the distinguished
procedure and equity scholar John Norton Pomeroy declared it
“settled by a
great preponderance of authority,
although there is some conflict” that an assignee is “entitled to
sue in his own name” whenever the assignment vests “legal title” in
the assignee, and notwithstanding “any contemporaneous, collateral
agreement by virtue of which he is to receive a part only of the
proceeds … or even is to thus account [to the assignor] for
the
whole proceeds.” Remedies and Remedial Rights §132, p.
159 (internal quotation marks omitted and emphasis added). Other
contemporary scholars reached the same basic conclusion. See,
e.g., P. Bliss, A Treatise upon the Law of Pleading §51,
p. 69 (2d ed. 1887) (stating that
“[m]ost of the courts
have held that where negotiable paper has been indorsed, or other
choses in action have been assigned, it does not concern the
defendant for what purpose the transfer has been made” and giving
examples of States permitting assignees to bring suit even where
they lacked a beneficial interest in the assigned claims (emphasis
added)). See also Clark & Hutchins,
supra, at 264
(“
many, probably most, American jurisdictions” have held
that “an assignee who has no beneficial interest, like an assignee
for collection only, may prosecute an action in his own name”
(emphasis added)). Even Michael Ferguson’s California Law Review
Comment—which the dissent cites as support for its argument about
“the divergent practice” among the courts,
post, at
14—recognizes that “
[a] majority of courts has held that
an assignee for collection only is a real party in interest”
entitled to bring suit. See Comment, The Real Party in Interest
Rule Revitalized: Recognizing Defendant’s Interest in the
Determination of Proper Parties Plaintiff, 55 Cal. L. Rev.
1452, 1475 (1967) (emphasis added); see also
id., at 1476,
n. 118 (noting that even “[t]he few courts that have wavered on the
question have always ended up in the camp of the
majority”
(emphasis added)).
During this period, a number of federal courts
similarly indicated approval of suits by assignees for collection
only. See,
e.g.,
Bradford v.
Jenks, 3 F.
Cas. 1132, 1134 (No. 1,769) (CC Ill. 1840) (stating that the
plaintiff, the receiver of a bank, could bring suit in federal
court to collect on a note owed to that bank if he sued as the
bank’s
assignee, not its receiver, but ultimately holding
that the plaintiff could not sue as an assignee because there was
no diversity jurisdiction);
Orr v.
Lacy, 18 F.
Cas. 834 (No. 10,589) (CC Mich. 1847) (affirming judgment for the
plaintiff, the endorsee of a bill of exchange, on the ground that,
as endorsee, he had the “legal right” to bring suit notwithstanding
the fact that the proceeds of the litigation would be turned over
to the endorser);
Murdock v.
The Emma Graham, 17
F. Cas. 1012, 1013 (No. 9,940) (DC SD Ohio 1878) (permitting the
assignee of a claim for injury to a “float or barge” to bring suit
when, “under the assignment,” the assignor’s
creditors
would benefit from the litigation);
The Rupert City, 213
F. 263, 266–267 (WD Wash. 1914) (assignees of claims for collection
only could bring suit in maritime law because “an assignment for
collection … vest[s] such an interest in [an] assignee as to
entitle him to sue”).
Even this Court long ago indicated that
assignees for collection only can properly bring suit. For example,
in
Waite v.
Santa Cruz,
184 U. S. 302 (1902),
the plaintiff sued to collect on a number of municipal bonds and
coupons whose “legal title” had been vested in him but which were
transferred to him “for collection only.”
Id., at 324. The
Court, in a unanimous decision, ultimately held that the federal
courts could not hear his suit because the amount-in-controversy
requirement of diversity jurisdiction would not have been satisfied
if the bondholders and coupon holders had sued individually. See
id., at 328–329. However, before reaching this holding,
the Court expressly stated that the suit
could properly be
brought in federal court “if the only objection to the jurisdiction
of the Circuit Court is that the plaintiff was invested with the
legal title to the bonds and coupons simply for purposes of
collection.”
Id., at 325.
Next, in
Spiller v.
Atchison, T.
& S. F. R. Co.,
253 U. S. 117 (1920), a
large number of cattle shippers assigned to Spiller (the secretary
of a Cattle Raiser’s Association) their individual reparation
claims against railroads they said had charged them excessive
rates. The Federal Court of Appeals held that Spiller could not
bring suit because, in effect, he was an assignee for collection
only and would be passing back to the cattle shippers any money he
recovered from the litigation. In a unanimous decision, this Court
reversed. The Court wrote that the cattle shippers’ “assignments
were absolute in form” and “plainly” “vest[ed] the legal title in
Spiller.”
Id., at 134. The Court conceded that the
assignments did not pass “beneficial or equitable title” to
Spiller.
Ibid. But the Court then said that “this was not
necessary to support the right of the assignee to claim an award of
reparation and enable him to recover it by action at law brought in
his own name but for the benefit of the equitable owners of the
claims.”
Ibid. The Court thereby held that Spiller’s legal
title alone was sufficient to allow him to bring suit in federal
court on the aggregated claims of his assignors.
Similarly, in
Titus v.
Wallick,
306 U. S. 282 (1939),
this Court unanimously held that (under New York law) a plaintiff,
an assignee for collection, had “dominion over the claim for
purposes of suit” because the assignment purported to “ ‘sell,
assign, transfer and set over’ the chose in action” to the
assignee.
Id., at 289. More importantly for present
purposes, the Court said that the assignment’s “legal effect was
not curtailed by the recital that the assignment was for purposes
of suit and that its proceeds were to be turned over or accounted
for to another.”
Ibid.
To be clear, we do not suggest that the
Court’s decisions in
Waite,
Spiller, and
Titus conclusively resolve the standing question before
us. We cite them because they offer additional and powerful support
for the proposition that suits by assignees for collection have
long been seen as “amenable” to resolution by the judicial process.
Steel Co., 523 U. S., at 102.
Finally, we note that there is also
considerable, more recent authority showing that an assignee for
collection may properly sue on the assigned claim in federal court.
See,
e.g., 6A Wright & Miller §1545, at 346–348
(noting that an assignee with legal title is considered to be a
real party in interest and that as a result “federal courts have
held that an assignee for purposes of collection who holds legal
title to the debt according to the governing substantive law is the
real party in interest even though the assignee must account to the
assignor for whatever is recovered in the action”); 6 Am. Jur. 2d,
Assignments §184, pp. 262–263 (1999) (“An assignee for collection
or security only is within the meaning of the real party in
interest statutes and entitled to sue in his or her own name on an
assigned account or chose in action, although he or she must
account to the assignor for the proceeds of the action, even when
the assignment is without consideration” (footnote omitted)). See
also
Rosenblum v.
Dingfelder, 111 F. 2d 406,
407 (CA2 1940);
Staggers v.
Otto Gerdau Co., 359
F. 2d 292, 294 (CA2 1966);
Dixie Portland Flour Mills,
Inc. v.
Dixie Feed & Seed Co., 382 F. 2d
830, 833 (CA6 1967);
Klamath-Lake Pharmaceutical Assn. v.
Klamath Medical Serv. Bur., 701 F. 2d 1276, 1282 (CA9
1983).
D
The history and precedents that
we have summarized make clear that courts have long found ways to
allow assignees to bring suit; that where assignment is at issue,
courts—both before and after the founding— have always permitted
the party with legal title alone to bring suit; and that there is a
strong tradition specifically of suits by assignees for collection.
We find this history and precedent “well nigh conclusive” in
respect to the issue before us: Lawsuits by assignees, including
assignees for collection only, are “cases and controversies of the
sort traditionally amenable to, and resolved by, the judicial
process.”
Vermont Agency of Natural Resources v.
United States ex rel. Stevens,
529 U. S. 765, 777–778
(2000) (internal quotation marks omitted).
III
Petitioners have not offered any
convincing reason why we should depart from the historical
tradition of suits by assignees, including assignees for
collection. In any event, we find that the assignees before us
satisfy the Article III standing requirements articulated in more
modern decisions of this Court.
Petitioners argue, for example,
that the aggregators have not themselves suffered any injury in
fact and that the assignments for collection “do not suffice to
transfer the payphone operators’ injuries.” Brief for Petitioners
18. It is, of course, true that the aggregators did not originally
suffer any injury caused by the long-distance carriers; the
payphone operators did. But the payphone operators assigned their
claims to the aggregators lock, stock, and barrel. See
APPC
Servs., 418 F. 3d, at 1243 (there is “no reason to
believe the assignment is anything less than a complete transfer to
the aggregator” of the injury and resulting claim); see also App.
to Pet. for Cert. 114a (Agreement provides that each payphone
operator “assigns, transfers and sets over” to the aggregator “all
rights, title and interest” in dial-around compensation claims).
And within the past decade we have expressly held that an assignee
can sue based on his assignor’s injuries. In
Vermont Agency,
supra, we considered whether a
qui tam relator
possesses Article III standing to bring suit under the False Claims
Act, which authorizes a private party to bring suit to remedy an
injury (fraud) that the United States, not the private party,
suffered. We held that such a relator does possess standing. And we
said that is because the Act “effect[s] a partial assignment of the
Government’s damages claim” and that assignment of the “United
States’ injury in fact suffices to confer standing on [the
relator].”
Id., at 773, 774. Indeed, in
Vermont
Agency we stated quite unequivocally that “the assignee of a
claim has standing to assert the injury in fact suffered by the
assignor.”
Id., at 773.
Petitioners next argue that the aggregators
cannot satisfy the redressability requirement of standing because,
if successful in this litigation, the aggregators will simply remit
the litigation proceeds to the payphone operators. But petitioners
misconstrue the nature of our redressability inquiry. That inquiry
focuses, as it should, on whether the
injury that a
plaintiff alleges is likely to be redressed through the
litigation—not on what the plaintiff ultimately intends to do with
the money he recovers. See,
e.g.,
id., at 771 (to
demonstrate redressability, the plaintiff must show a “substantial
likelihood that the requested relief will remedy
the alleged
injury in fact” (internal quotation marks omitted and emphasis
added));
Lujan, 504 U. S., at 561 (“[I]t must be likely .
. . that the
injury will be redressed by a favorable
decision” (internal quotation marks omitted and emphasis added)).
Here, a legal victory would unquestionably redress the
injuries for which the aggregators bring suit. The
aggregators’ injuries relate to the failure to receive the required
dial-around compensation. And if the aggregators prevail in this
litigation, the long-distance carriers would write a check to the
aggregators for the amount of dial-around compensation owed. What
does it matter what the aggregators do with the money afterward?
The injuries would be redressed whether the aggregators remit the
litigation proceeds to the payphone operators, donate them to
charity, or use them to build new corporate headquarters. Moreover,
the statements our prior cases made about the need to show redress
of the
injury are consistent with what numerous
authorities have long held in the assignment context, namely, that
an assignee for collection may properly bring suit to redress the
injury originally suffered by his assignor. Petitioners might
disagree with those authorities. But petitioners have not provided
us with a good reason to reconsider them.
The dissent argues that our redressability
analysis “could not be more wrong,” because “[w]e have never
approved federal-court jurisdiction over a claim where the entire
relief requested will run to a party not before the court. Never.”
Post, at 5 (opinion of Roberts, C. J.). But federal
courts routinely entertain suits which will result in relief for
parties that are not themselves directly bringing suit. Trustees
bring suits to benefit their trusts; guardians ad litem bring
suits to benefit their wards; receivers bring suit to benefit their
receiverships; assignees in bankruptcy bring suit to benefit
bankrupt estates; executors bring suit to benefit testator estates;
and so forth. The dissent’s view of redressability, if taken
seriously, would work a sea change in the law. Moreover, to the
extent that trustees, guardians ad litem, and the like have
some sort of “obligation” to the parties whose interests they
vindicate through litigation, see
post, at 7–8, n. 2,
the same is true in respect to the aggregators here. The
aggregators have a
contractual obligation to litigate “in
the [payphone operator’s] interest.” App. to Pet. for Cert. 115a.
(And if the aggregators somehow violate that contractual
obligation, say, by agreeing to settle the claims against the
long-distance providers in exchange for a kickback from those
providers, each payphone operator would be able to bring suit for
breach of contract.)
Petitioners also make a further conceptual
argument. They point to cases in which this Court has said that a
party must possess a “personal stake” in a case in order to have
standing under Article III. See
Baker v.
Carr,
369 U. S. 186,
204 (1962). And petitioners add that, because the aggregators will
not actually benefit from a victory in this case, they lack a
“personal stake” in the litigation’s outcome. The problem with this
argument is that the general “personal stake” requirement and the
more specific standing requirements (injury in fact,
redressability, and causation) are flip sides of the same coin.
They are simply different descriptions of the same judicial effort
to assure, in every case or controversy, “that concrete adverseness
which sharpens the presentation of issues upon which the court so
largely depends for illumination.”
Ibid. See also
Massachusetts v.
EPA, 549 U. S. ___, ___ (2007)
(slip op., at 13) (“At bottom, the gist of the question of standing
is whether petitioners have such a personal stake in the outcome of
the controversy as to assure that concrete adverseness” (internal
quotation marks omitted)). Courts, during the past two centuries,
appear to have found that “concrete adverseness” where an assignee
for collection brings a lawsuit. And petitioners have provided us
with no grounds for reaching a contrary conclusion.
Petitioners make a purely functional argument,
as well. Read as a whole, they say, the assignments in this
litigation constitute nothing more than a contract for legal
services. We think this argument is overstated. There is an
important distinction between simply hiring a lawyer and assigning
a claim to a lawyer (on the lawyer’s promise to remit litigation
proceeds). The latter confers a property right (which creditors
might attach); the former does not.
Finally, we note, as a practical matter, that
it would be particularly unwise for us to abandon history and
precedent in resolving the question before us. Were we to agree
with petitioners that the aggregators lack standing, our holding
could easily be overcome. For example, the Agreement could be
rewritten to give the aggregator a tiny portion of the assigned
claim itself, perhaps only a dollar or two. Or the payphone
operators might assign all of their claims to a “Dial-Around
Compensation Trust” and then pay a trustee (perhaps the aggregator)
to bring suit on behalf of the trust. Accordingly, the far more
sensible course is to abide by the history and tradition of
assignee suits and find that the aggregators possess Article III
standing.
IV
Petitioners argue that, even if
the aggregators have standing under Article III, we should
nonetheless deny them standing for a number of prudential reasons.
See
Elk Grove Unified School Dist. v.
Newdow,
542 U. S. 1, 11
(2004) (prudential standing doctrine “embodies judicially
self-imposed limits on the exercise of federal jurisdiction”
(internal quotation marks omitted)).
First, petitioners invoke certain
prudential limitations that we have imposed in prior cases where a
plaintiff has sought to assert the legal claims of third parties.
See,
e.g.,
Warth v.
Seldin,
422 U. S. 490, 501
(1975) (expressing a “reluctance to exert judicial power when the
plaintiff’s claim to relief rests on the legal rights of third
parties”);
Arlington Heights v.
Metropolitan Housing
Development Corp.,
429 U. S. 252, 263
(1977) (“In the ordinary case, a party is denied standing to assert
the rights of third persons”);
Secretary of State of Md.
v.
Joseph H. Munson Co.,
467 U. S. 947, 955
(1984) (a plaintiff ordinarily “ ‘cannot rest his claim to
relief on the legal rights or interests of third
parties’ ”).
These third-party cases, however, are not on
point. They concern plaintiffs who seek to assert not their own
legal rights, but the legal rights of others. See,
e.g.,
Warth,
supra, at 499 (plaintiff “generally must
assert his own
legal rights and interests, and cannot rest
his claim to relief on the
legal rights or interests of
third parties” (emphasis added)); see also
Kowalski v.
Tesmer,
543
U. S. 125 (2004) (lawyers lack standing to assert the
constitutional rights of defendants deprived of appointed counsel
on appeal);
Powers v.
Ohio,
499 U. S. 400 (1991)
(permitting a criminal defendant to assert rights of juror
discriminated against because of race);
Craig v.
Boren,
429
U. S. 190 (1976) (permitting beer vendors to assert rights of
prospective male customers aged 18 to 21 who, unlike females of the
same ages, were barred from purchasing beer). Here, the aggregators
are suing based on
injuries originally suffered by third
parties. But the payphone operators assigned to the aggregators all
“rights, title and interest” in claims based on those injuries.
Thus, in the litigation before us, the aggregators assert what are,
due to that transfer,
legal rights of their own. The
aggregators, in other words, are asserting first-party, not
third-party, legal rights. Moreover, we add that none of the
third-party cases cited by petitioners involve assignments or
purport to overturn the longstanding doctrine permitting an
assignee to bring suit on an assigned claim.
Second, petitioners suggest that the
litigation here simply represents an effort by the aggregators and
the payphone operators to circumvent Federal Rule of Civil
Procedure 23’s class-action requirements. But we do not understand
how “circumvention” of Rule 23 could constitute a basis for denying
standing here. For one thing, class actions are permissive, not
mandatory. More importantly, class actions constitute but one of
several methods for bringing about aggregation of claims,
i.e., they are but one of several methods by which
multiple similarly situated parties get similar claims resolved at
one time and in one federal forum. See Rule 20(a) (permitting
joinder of multiple plaintiffs); Rule 42 (permitting consolidation
of related cases filed in the same district court); 28 U.
S. C. §1407 (authorizing consolidation of pretrial proceedings
for related cases filed in multiple federal districts); §1404
(making it possible for related cases pending in different federal
courts to be transferred and consolidated in one district court);
D. Herr, Annotated Manual for Complex Litigation §20.12, p. 279
(4th ed. 2007) (noting that “[r]elated cases pending in different
federal courts may be consolidated in a single district” by
transfer under 28 U. S. C. §1404(a)); J. Tidmarsh & R.
Trangsrud, Complex Litigation and the Adversary System 473–524
(1998) (section on “Transfer Devices that Aggregate Cases in a
Single Venue”). Because the federal system permits aggregation by
other means, we do not think that the payphone operators should be
denied standing simply because they chose one aggregation method
over another.
Petitioners also point to various practical
problems that could arise because the aggregators, rather than the
payphone operators, are suing. In particular, they say that the
payphone operators may not comply with discovery requests served on
them, that the payphone operators may not honor judgments reached
in this case, and that petitioners may not be able to bring, in
this litigation, counterclaims against the payphone operators. See
Brief for Petitioners 46–48. Even assuming all that is so, courts
have long permitted assignee lawsuits notwithstanding the fact that
such problems could arise. Regardless, courts are not helpless in
the face of such problems. For example, a district court can, if
appropriate, compel a party to collect and to produce whatever
discovery-related information is necessary. See Fed. Rules Civ.
Proc. 26(b)(1), 30–31, 33–36. That court might grant a motion to
join the payphone operators to the case as “required” parties. See
Rule 19. Or the court might allow the carriers to file a
third-party complaint against the payphone operators. See Rule
14(a). And the carriers could always ask the Federal Communications
Commission to find administrative solutions to any remaining
practical problems. Cf. 47 U. S. C. §276(b)(1)(A) (authorizing
the FCC to “prescribe regulations” that “ensure that all payphone
service providers are fairly compensated for each and every
completed [dial-around] call”). We do not say that the litigation
before us calls for the use of any such procedural device. We
mention them only to explain the lack of any obvious need for the
remedy that the carriers here propose, namely, denial of
standing.
Finally, we note that in this litigation,
there has been no allegation that the assignments were made in bad
faith. We note, as well, that the assignments were made for
ordinary business purposes. Were this not so, additional prudential
questions might perhaps arise. But these questions are not before
us, and we need not consider them here.
V
The judgment of the Court of
Appeals is affirmed.
It is so ordered.
Appendix
Examples of cases
in which state courts entertained or otherwise indicated approval
of suits by assignees for collection only. References to “Pomeroy’s
rule” are references to the statement of law set forth in J.
Pomeroy, Remedies and Remedial Rights §132, p. 159
(1876).
1. Webb &
Hepp v. Morgan, McClung & Co., 14 Mo. 428, 431
(1851) (holding that the assignees of a promissory note for
collection only can bring suit, even though they lack a beneficial
interest in the note, because the assignment “creates in them such
legal interest, that they thereby become the persons to
sue”);
2. Castner v.
Austin Sumner & Co., 2 Minn. 44, 47–48 (1858) (holding
that the assignees of promissory notes were proper plaintiffs,
regardless of the arrangement they and their assignor had made in
respect to the proceeds of the litigation, because the defendants
“can only raise the objection of a defect of parties to the suit,
when it appears that some other person or party than the Plaintiffs
have such a legal interest in the note that a recovery by
the Plaintiffs would not preclude it from being enforced, and they
be thereby subjected to the risk of another suit for the same
subject-matter” (emphasis added));
3. Cottle v.
Cole, 20 Iowa 481, 485–486 (1866) (holding that the
assignee could sue, notwithstanding the possibility that the
assignor was the party “beneficially interested in the action,”
because “[t]he course of decision in this State establishes this
rule, viz.: that the party holding the legal title of a
note or instrument may sue on it though he be an agent or trustee,
and liable to account to another for the proceeds of the
recovery”);
4. Alle n v.
Brown, 44 N. Y. 228, 231, 234 (1870) (opinion of
Hunt, Comm’r) (holding that the assignee with legal title to a
cause of action was “legally the real party in interest” “[e]ven if
he be liable to another as a debtor upon his contract for the
collection he may thus make”);
5. Meeker v.
Claghorn, 44 N. Y. 349, 350, 353 (1871) (opinion of
Earl, Comm’r) (allowing suit by the assignee of a cause of action
even though the assignors “ ‘expected to receive the amount
recovered in the action,’ ” because the assignee, as “legal
holder of the claim,” was “the real party in interest”);
6. Hays v.
Hathorn, 74 N. Y. 486, 490 (1878) (holding that so
long as an assignee has legal title to the assigned commercial
paper, the assignee may bring suit even if the assignment was
“merely for the purpose of collection” and he acts merely as
“equitable trustee” for the assignor, i.e., the assignor
maintains the beneficial interest in the paper);
7. Searing v.
Berry, 58 Iowa 20, 23, 24, 11 N. W. 708, 709 (1882)
(where legal title to a judgment was assigned “merely for the
purpose of enabling plaintiff to enforce the collection” and the
assignor in fact retained the beneficial interest, the
plaintiff-assignee could “prosecute this suit to enforce the
collection of the judgment”);
8. Haysler v.
Dawson, 28 Mo. App. 531, 536 (1888) (holding, in light of
the “recognized practice in this state,” that the assignee could
bring suit to recover on certain accounts even where the assignment
of the accounts had been made “with the agreement that they were to
[be] [he]ld solely for the purpose of [the litigation],”
i.e., the assignor maintained the beneficial interest in
the accounts (emphasis added));
9. Grant v.
Heverin, 77 Cal. 263, 265, 264, 19 P. 493 (1888) (holding
that the assignee of a bond could bring suit, even though he lacked
a beneficial interest in the bond, and endorsing Pomeroy’s rule as
“a clear and correct explication of the law”);
10. Young v.
Hudson, 99 Mo. 102, 106, 12 S. W. 632, 633 (1889)
(holding that an assignee could sue to collect on an account for
merchandise sold, even though the money would be remitted to the
assignor, because “[a]n assignee of a chose in action arising out
of contract, may sue upon it in his own name, though the title was
passed to him only for the purpose of collection”);
11. Jackson v.
Hamm, 14 Colo. 58, 61, 23 P. 88, 88–89 (1890) (holding
that the assignee of a judgment was “the real party in interest”
and was “entitled to sue in his own name,” even though the
beneficial interest in the judgment was held by someone
else);
12. Saulsbury v.
Corwin, 40 Mo. App. 373, 376 (1890) (permitting suit by an
assignee of a note who “had no interest in the note” on the theory
that “[o]ne who holds negotiable paper for collection merely may
sue on it in his own name”);
13. Anderson v.
Reardon, 46 Minn. 185, 186, 48 N. W. 777 (1891)
(where plaintiff had been assigned a claim on the “understanding”
that he would remit the proceeds to the assignor less the “amount
due him for services already rendered, and to be thereafter
rendered” to the assignor, the plaintiff could bring suit, even
though he had “already collected on the demand enough to pay his
own claim for services up to that time,” because “[i]t is no
concern of the defendant whether the assignee of a claim receives
the money on it in his own right or as trustee of the
assignor”);
14. McDaniel v.
Pressler, 3 Wash. 636, 638, 637, 29 P. 209, 210 (1892)
(holding that the assignee of promissory notes was the real party
in interest, even the assignment was “for the purpose of
collection” and the assignee had “no interest other than that of
the legal holder of said notes”);
15. Minnesota Thresher
Mfg. Co. v. Heipler, 49 Minn. 395, 396, 52 N. W.
33 (1892) (upholding the plaintiff-assignee’s judgment where that
assignee “held the legal title to the demand” and notwithstanding
the fact that “there was an agreement between the [assignor] and
the plaintiff that the latter took the [assignment] only for
collection”);
16. Wines v.
Rio Grande W. R. Co., 9 Utah 228, 235, 33 P. 1042, 1044,
1045 (1893) (adopting Pomeroy’s rule and holding that an assignee
could bring suit based on causes of action assigned to him “simply
to enable him to sue” and who “would turn over to the assignors all
that was recovered in the action, after deducting their proportion
of the expenses of the suit”);
17. Greig v.
Riordan, 99 Cal. 316, 323, 33 P. 913, 916 (1893) (holding
that the plaintiff-assignee could sue on claims assigned by
multiple parties “for collection,” stating that “[i]t is [a] matter
of common knowledge that for the purpose of saving expense
commercial associations and others resort to this method” and
repeating the rule that “[i]n such cases the assignee becomes the
legal holder of a chose in action, which is sufficient to entitle
him to recover”);
18. Gomer v.
Stockdale, 5 Colo. App. 489, 492, 39 P. 355, 357, 356
(1895) (permitting suit by a party who was assigned legal title to
contractual rights, where the assignor retained the beneficial
interest, noting that the doctrine that “prevails in Colorado” is
that the assignee may bring suit in his own name “although there
may be annexed to the transfer the condition that when the sum is
collected the whole or some part of it must be paid over to the
assignor”);
19. Cox’s
Executors v. Crockett & Co., 92 Va. 50, 58, 57,
22 S. E. 840, 843 (1895) (finding that suit by assignor
following an adverse judgment against assignee was barred by res
judicata but endorsing Pomeroy’s rule that an assignee could bring
suit as the “real party in interest” even where the assignee must
“account to the assignor, or other person, for the residue, or even
is to thus account for the whole proceeds” of the
litigation);
20. Sroufe v.
Soto Bros. & Co., 5 Ariz. 10, 11, 12, 43 P. 221 (1896)
(holding that state law permits “a party to maintain an action on
an account which has been assigned to him for the purpose of
collection, only” because such parties are “holders of the legal
title of said accounts”);
21. Ingham v.
Weed, 5 Cal. Unreported Cases, 645, 649, 48 P. 318, 320
(1897) (holding that the assignees of promissory notes could bring
suit where the assignors retained part of the beneficial interest
in the outcome, and expressly noting that the assignees could bring
suit even if the entire interest in the notes had been assigned to
them as “agents for collection” because, citing Pomeroy and prior
California cases “to the same effect,” an assignee can bring suit
where he has “legal title” to a claim, notwithstanding “any
contemporaneous collateral agreement” by which he is to account to
the assignor for part or even “the whole proceeds”);
22. Citizens Bank
v. Corkings 9 S. D. 614, 615, 616, 70 N. W.
1059, 1060, rev’d on other grounds, 10 S. D. 98, 72 N. W.
99 (1897) (holding that where the assignee “took a formal written
assignment absolute in terms, but with the understanding that he
would take the claim, collect what he could, and turn over to the
company the proceeds thereof less the expenses of collection,” the
assignee could sue because the “rule is that a written or verbal
assignment, absolute in terms, and vesting in the assignee the
apparent legal title to a chose in action, is unaffected by a
collateral contemporaneous agreement respecting the
proceeds”);
23. Chase v.
Dodge, 111 Wis. 70, 73, 86 N. W. 548, 549 (1901)
(adopting New York’s rule that an assignee is the real party in
interest so long as he “holds the legal title” to an assigned
claim, regardless of the existence of “any private or implied
understanding” between the assignor and assignee concerning the
beneficial interest (internal quotation marks omitted));
24. Roth v.
Continental Wire Co., 94 Mo. App. 236, 262–264, 68
S. W. 594, 602 (1902) (noting that Missouri has adopted
Pomeroy’s rule and holding that the trial court did not err in
excluding evidence that plaintiff was assigned the cause of action
for collection only);
25. Manley v.
Park, 68 Kan. 400, 402, 75 P. 557, 558 (1904) (overruling
prior state cases and holding that where the assignment of a bond
or note vests legal title in the assignee, the assignee can bring
suit even where the assignee promises to remit to the assignor “a
part or all of the proceeds” (emphasis added));
26. Eagle Mining &
Improvement Co. v. Lund, 14 N. M. 417, 420–422,
94 P. 949, 950 (1908) (adopting the rule that the assignee of a
note can bring suit even where the assignor, not the assignee,
maintains the beneficial interest in the note);
27. Harrison v.
Pearcy & Coleman, 174 Ky. 485, 488, 487, 192
S. W. 513, 514–515 (1917) (holding that the assignee could
bring suit to collect on a note, even though he was “an assignee
for the purpose of collection only” and had “no financial interest
in the note”).
28. James v.
Lederer-Strauss & Co., 32 Wyo. 377, 233 P. 137, 139
(1925) (“By the clear weight of authority a person to whom a chose
in action has been assigned for the purpose of collection may
maintain an action thereon … and as such is authorized by statute
in this state to maintain an action in his own name”).
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