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RUSSELL, POLING & COMPANY v. UNITED STATES

140 F.Supp. 890 (1956)

RUSSELL, POLING & COMPANY, Newton Creek Towing Company and Chester A. Poling, Inc., Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, Conners Standard Marine Corporation, Third-Party Defendant.

United States District Court S. D. New York.

May 2, 1956.

Attorney(s) appearing for the Case

Alexander & Ash, New York City, for plaintiffs.

Paul W. Williams, U. S. Atty., New York City, Walter L. Hopkins, New York City, of counsel, for defendant-third party plaintiff.

Purdy, Lamb & Catoggio, New York City, for third party defendant.

WEINFELD, District Judge.

This is a motion by the third party defendant for judgment on the pleadings dismissing the third party complaint. A proper consideration of the motion requires analysis of the pleadings.

The action was commenced on the civil side of the Court by plaintiffs against the United States of America under the Federal Tort Claims Act1 to recover damages to a steel barge owned by plaintiffs, the Russell No. 29...

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