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GOLDSBERRY v. FRANK CLENDANIEL, INC.

109 A.2d 405 (1954)

Thomas G. GOLDSBERRY, Plaintiff, v. FRANK CLENDANIEL, Inc., a corporation of the State of Delaware, and Charles Leon Duker, Defendants and Third-Party Plaintiffs (Charles Frederick ZINK, Jr., Third-Party Defendant).

Superior Court of Delaware, Sussex.

November 8, 1954.

Attorney(s) appearing for the Case

Everett F. Warrington, Georgetown, Del., for defendants and third-party plaintiffs.

Ernest S. Wilson, Jr., of Morford & Bennethum, Wilmington, Del., for third-party defendant.

LAYTON, Judge.

Whether or not the Statute of Limitations of one year bars a third-party claim under Rule 14 presents an interesting and little discussed problem. Gray v. Hartford Accident & Indemnity Co., D.C., 36 F.Supp. 780 and Adam v. Vacquier, D.C., 48 F.Supp. 275, are the only authorities cited as being squarely on point. Both decisions hold...

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