SMITH v. WHITMORE

No. 12867.

270 F.2d 741 (1959)

George SMITH, Plaintiff, v. Max C. WHITMORE, Defendant and Third-Party Plaintiff, Appellee (Pervis Lee PUE, Jr., Third-Party Defendant, Appellant).

United States Court of Appeals Third Circuit.

Decided October 6, 1959.


Attorney(s) appearing for the Case

Tom P. Monteverde, Philadelphia, Pa. (Lynwood F. Blount, Philadelphia, Pa., Schnader, Harrison, Segal & Lewis, Josephine H. Klein, Philadelphia, Pa., on the brief), for third-party defendant, appellant.

Elston C. Cole, Philadelphia, Pa. (Charles Wright, Philadelphia, Pa., on the brief), for plaintiff.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.


KALODNER, Circuit Judge.

This appeal involves the issue of application of the Federal Rules of Civil Procedure, 28 U.S.C., to the provisions of the Uniform Contribution Among Joint Tortfeasors Act in effect in Pennsylvania ("Uniform Act").1

Plaintiff George Smith instituted suit in the United States District Court for the Eastern District of Pennsylvania2 against Max C. Whitmore for recovery of damages...

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