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BERNSTEIN v. N. V. NEDERLANDSCHE-AMERIKAANSCHE, ETC.

76 F.Supp. 335 (1948)

BERNSTEIN v. N. V. NEDERLANDSCHE-AMERIKAANSCHE STOOMVAART-MAATSCHAPPIJ (CHEMICAL BANK & TRUST CO., Third-Party Defendant).

District Court, S. D. New York.

March 5, 1948.

Attorney(s) appearing for the Case

Bennet, House & Couts, of New York City (William S. Bennet, Victor House, Bernard A. Finkel and Seymour, Altmark, all of New York City, of counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, of New York City (John L. Galey, of New York City, of counsel), for defendant and third-party plaintiff.

Shearman & Sterling & Wright, of New York City (John A. Wilson, MacIlburne Voorhies, and William F. Hamilton, all of New York City, of counsel), for third-party defendant.

RYAN, District Judge.

Four motions made in this action at law were presented and argued at the same hearing.

(1) Defendant, Holland-America Line, moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

(2) Third-party defendant, Chemical Bank & Trust Company, moved also under Rule 12(c) to dismiss the third-party complaint

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