SHEFSKY v. MANSEW CORPORATION

No. 53, Docket 21420.

177 F.2d 946 (1949)

SHEFSKY et al. v. MANSEW CORPORATION (CUTTING ROOM APPLIANCES CORPORATION, third party defendant-appellee).

United States Court of Appeals Second Circuit.

Decided November 17, 1949.


Attorney(s) appearing for the Case

Austin, Wilhelm, Carlson & Cooke, New York City, Harris B. Steinberg, New York City, Jacob J. Bobrow, New York City, of counsel, for third party plaintiff and defendant appellant.

Henry L. Burkitt, New York City, for defendant appellee.

Before L. HAND, SWAN and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The impleading order of February 10, 1948, bringing in CRA as a party, was ex parte. Whether a motion to dismiss a counterclaim would ordinarily be the proper method to raise the question of the validity of such an order, we need not decide, for here the affidavit attached to the motion sufficiently raised that question. True, in that affidavit CRA urged that the order was erroneous under Rule 14, 28 U.S.C.A., whereas obviously the pertinent...

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