McGRATH v. LUND'S FISHERIES, INC.

Civ. A. No. 1996.

170 F.Supp. 173 (1959)

Clara G. McGRATH, Administratrix ad prosequendum of the Estate of Harold J. McAuley, deceased and Clara G. McGrath, individually, Plaintiffs, v. LUND'S FISHERIES, INC., a corporation of New Jersey (which was sued with Edward Hutchinson, Anthony Grasso and Ellsworth White, Defendant and Third-Party Plaintiff (Russell Selin METZGER, Helen Collins, George C. Hope, Administrator of the Estate of Welton Harmon, deceased, Jennie E. Selig, Administratrix of the Estate of Franklin L. Selig, deceased and Ralph T. Pittman, Third-Party Defendants).

United States District Court D. Delaware.

January 19, 1959.


Attorney(s) appearing for the Case

Louis J. Finger, Richards, Layton & Finger, Wilmington, Del., for Lund's Fisheries, Inc., defendant and third-party plaintiff.

William H. Bennethum, Wilmington, Del., for Russell Selin Metzger, third-party defendant.


RODNEY, District Judge.

This action grows out of a seven car automobile collision in which Harold J. McAuley, the plaintiff's intestate, was killed. The accident happened in the State of Delaware on November 7, 1956. The plaintiff, a resident of New York, commenced the action in the U. S. District Court for the District of New Jersey against four residents of New Jersey, among whom was Lund's Fisheries, Inc., a corporation of New Jersey. Subsequently, with the consent...

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