What should Atticus do?

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Harry was smacked in the head with a book by either Atticus or Dexter (or both).

Harry is not sure which person smacked him in the head. So Harry sues them in the alternative, alleging:

  • Count I: Atticus hit me;
  • Count II: Dexter hit me;
  • Count III: Both Atticus and Dexter hit me.

Atticus is an upstanding member of his community. In contrast, Dexter was once publicly charged with serial killing but avoided prosecution due to a technicality.

Atticus is deeply concerned about being tried together with Dexter.

  1. Was joinder appropriate under Rule 20?
  2. If joinder is inappropriate, what should the court do?
  3. If joinder is appropriate, must Atticus and Dexter be tried together?

See FRCP 20, 21, and 42 for arguments.

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