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MANGONE v. MOORE-McCORMACK LINES

Civ. No. 15951.

152 F.Supp. 848 (1957)

Raffaele MANGONE, Plaintiff, v. MOORE-McCORMACK LINES, Inc., Defendant and Third Party Plaintiff, AMERICAN STEVEDORES CO., Inc., and United States of America, Third Party Defendants.

United States District Court E. D. New York.

On Reargument April 18, 1957.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for defendant and third party plaintiff, Thomas F. Feeney, Joseph F. Hanley, Jr., New York City, of counsel.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., for third-party defendant The United States, Walter L. Hopkins, Dept. of Justice, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The defendant, United States of America, moves for an order dismissing the third party complaint as to said defendant, pursuant to Rule 12(b) (1) and (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The question involved is whether the said defendant is properly joined as a third party defendant in a cause of action in admiralty, alleged in the third party complaint where the original complaint pertains to a civil jury...

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