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SHERMAN v. ULMER

Civ. A. No. 29243.

201 F.Supp. 660 (1961)

Alexander J. SHERMAN and Mary Sherman, Plaintiffs, v. Olive ULMER, Defendant and Third-Party Plaintiff, v. PENNSYLVANIA TURNPIKE COMMISSION, Third-Party Defendant.

United States District Court E. D. Pennsylvania.

December 8, 1961.

Attorney(s) appearing for the Case

Norman P. Harvey, Philadelphia, Pa., for defendant and third-party plaintiff.

Joseph H. Foster, of White & Williams, Philadelphia, Pa., for third-party defendant.

JOSEPH S. LORD, III, District Judge.

The Pennsylvania Turnpike Commission (Commission), which is here as a third-party defendant, asks us to dismiss the third-party complaint. The basis for the motion to dismiss is the language of the Pennsylvania statute, the "Pennsylvania Turnpike, Philadelphia Extension Act", 36 P.S. § 653, et seq. which, in defining the powers of the Commission, provides at § 653e:

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