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VAN COTT v. MARION DE VRIES, INC.

No. 98.

37 F.2d 48 (1930)

VAN COTT v. MARION DE VRIES, Inc.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.

Attorney(s) appearing for the Case

Worcester, Williams & Saxe, of New York City (William L. Wemple, of New York City, of counsel), for defendant-appellant.

Morris Wegman, of New York City (Joseph Burger, of New York City, on the brief), for plaintiff-appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

Section 193, subd. 2, of the New York Civil Practice Act, which was invoked here, reads as follows:

"Where any party to an action shows that some third person, not then a party to the action, is or will be liable to such party wholly or in part for the claim made against such party in the action, the court, on application of such party, may order such person to be brought in as a party to...

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