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VAUGHN v. TERMINAL TRANSPORT COMPANY

Civ. Nos. 376, 377.

162 F.Supp. 647 (1957)

Joe Vivian VAUGHN v. TERMINAL TRANSPORT COMPANY, Inc. Lyndon DUKE v. TERMINAL TRANSPORT COMPANY, Inc., and Charles N. Sharpe.

United States District Court E. D. Tennessee, Winchester Division.

September 30, 1957.

Attorney(s) appearing for the Case

T. Arthur Jenkins, Manchester, Tenn., for Joe Vivian Vaughn.

J. Ross Cheshire, Jr., T. T. McCarley, Nashville, Tenn., Walter M. Haynes, Winchester, Tenn., for Terminal Transport Co. and Sharpe.

John F. Green, Winchester, Tenn., for third-party defendant, Cagle Bros. Garage.

DARR, Chief Judge.

The third-party defendants have filed a motion to vacate the order of the Court permitting the filing of a third-party action against them. The reasons advanced in support of this motion are diverse, and will be divided, in this discussion, into three parts: (1) The contention that the statute of limitations has run. (2) The contentions that there is no jurisdiction or the venue is improper. (3) The contention that Tennessee law does not permit...

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