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SLATTERY v. MARRA BROS.

92 F.Supp. 534 (1950)

SLATTERY v. MARRA BROS., Inc. (WM. SPENCER & SON CORPORATION, Third-Party Defendant).

United States District Court S. D. New York.

On Motion to Revise or Vacate May 5, 1950.

Attorney(s) appearing for the Case

Abraham M. Fisch, New York City, for plaintiff.

Purdy, Lamb & Catoggio, New York City, for defendant Marra Bros., Inc. Edmund F. Lamb, Thomas J. Irving, New York City, of counsel.

Charles Landesman, New York City, for third-party defendant Wm. Spencer & Son Corporation.

CONGER, District Judge.

This is a motion by the third-party defendant, William Spencer & Son Corporation, to dismiss the amended third-party complaint of Marra Bros., Inc.

Judge Rifkind dismissed the original third-party complaint from the Bench, so that no written expression of his reasons is available. It goes without saying, however, that he was unable to find allegations clearly imposing liability upon the third-party defendant for the matters asserted...

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