FRIEND v. MIDDLE ATLANTIC TRANSP. CO.

No. 201.

153 F.2d 778 (1946)

FRIEND v. MIDDLE ATLANTIC TRANSP. CO. et al.

Circuit Court of Appeals, Second Circuit.

February 27, 1946.


Attorney(s) appearing for the Case

Philip R. Shiff, of New Haven, Conn., for defendants-appellants Middle Atlantic Transp. Co. and Milburn Martin.

Charles H. Blackall, of Hartford, Conn. (George H. Cohen and Naaman Cohen, both of Hartford, Conn., on the brief), for third-party defendant-appellant Fred J. Friend.

M. J. Blumenfeld, of Hartford, Conn. (M. M. Koskoff, of Plainville, Conn., and George Muir, of Hartford, Conn., on the brief), for plaintiff-appellee Bertha Friend.

Before SWAN, CLARK and FRANK, Circuit Judges.


CLARK, Circuit Judge.

May a defendant cause a third party to be brought into a federal civil action under Federal Rules of Civil Procedure, rule 14, 28 U.S.C.A. following section 723c, to answer, along with it, to the plaintiff's claim, where the plaintiff and such party are citizens of the same state and federal jurisdiction does not otherwise appear? That is the issue squarely presented here, and we think it must be answered in the negative. Notwithstanding...

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