BARRY v. GULDENSHUH

Civ. A. No. 11330.

118 F.Supp. 267 (1954)

BARRY v. GULDENSHUH et al.

United States District Court W. D. Pennsylvania.

January 21, 1954.


Attorney(s) appearing for the Case

Margiotti & Casey, Pittsburgh, Pa., for plaintiff.

George Y. Meyer, Pittsburgh, Pa., for John F. Guldenshuh.

Dickie, McCamey, Chilcote, Reif & Robinson, Pittsburgh, Pa., for Middle Atlantic Transp. Co.

Brandt, Riester, Brandt & Malone, Pittsburgh, Pa., for third-party defendant.


GOURLEY, Chief Judge.

In this action, based on negligence, the third-party defendant, Ferrill, brings motion to dismiss the action of the original defendant, Guldenshuh, in joining him as third-party defendant. Diversity of citizenship exists between the plaintiff and defendant. Plaintiff claims no right to recover against the third-party defendant.

The motion is premised on the ground that the action is brought in the wrong district in view of the fact that...

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