DEPARTMENT OF HIGHWAYS OF STATE v. JAHNCKE SERVICE

No. 12686.

174 F.2d 894 (1949)

DEPARTMENT OF HIGHWAYS OF STATE OF LOUISIANA v. JAHNCKE SERVICE, Inc. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 9, 1949.


Attorney(s) appearing for the Case

Joseph A. Loret, Theo. F. Cangelosi, Baton Rouge, La., for appellant.

Eberhard P. Deutsch, New Orleans, La., for appellees.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant, a respondent in a limitation of liability proceeding, sought under Admiralty Rule 56, 28 U.S.C.A., to implead a third person alleged to be jointly liable with petitioner.

Appellee's exception and motion to strike the third party petition, on the ground that "a third party may not be impleaded by a claimant in a proceeding in admiralty for exoneration from, or limitation of, liability...

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