LA FERRY v. AJAX TRUCK RENTALS

Civ. A. Nos. 3168, 3169.

161 F.Supp. 707 (1958)

Mrs. Edith LA FERRY v. AJAX TRUCK RENTALS and Southco Distributors, Inc., Betty Thompson, Third-Party Defendant. Harold A. LA FERRY v. AJAX TRUCK RENTALS and Southco Distributors, Inc., Betty Thompson, Third-Party Defendant.

United States District Court E. D. Tennessee, S. D.

May 2, 1958.


Attorney(s) appearing for the Case

Atchley & Atchley, Chattanooga, Tenn., for plaintiffs.

McAllester & McAllester, Chattanooga, Tenn., for Ajax Truck Rentals.

Strang, Fletcher, Carriger & Walker, Chattanooga, Tenn., for Southco Distributors.

Noone & Noone, Chattanooga, Tenn., for third-party defendant.


DARR, Chief Judge.

The third-party defendant, Betty Thompson, has filed a motion to dismiss the third-party complaint because it fails to state a claim upon which relief can be granted, and because Tennessee substantive law does not permit contribution between joint tort-feasors until a common liability has been established.

The principal argument on the first point centers around the fact that the third-party complaint sets out a mere conclusion of the pleader...

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