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CONSTR. MGT. v. BROWN & ROOT

35 Misc.2d 223 (1962)

Construction Management Corp., Plaintiff, v. Brown & Root, Inc., et al., Defendants, and Third-Party Plaintiffs. Fred J. Early, Jr., Co., et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

May 3, 1962

Attorney(s) appearing for the Case

Richard Owen for plaintiff. Robert M. Morgenthau, United States Attorney for Southern Dist. of N. Y. (Thomas H. Baer of counsel), for third-party plaintiff. Havens, Wandless, Stitt & Tighe (Robert L. Tofel and Joseph O. Giaimo of counsel), for Fidelity and Casualty Co. of New York, third-party defendant.

MORRIS E. SPECTOR, J.

Motion for an order to bring a third-party defendant into the action on the ground it is an indispensable party is denied.

Plaintiff Construction Management Corp. (hereinafter referred to as CMC), together with Fred J. Early, Jr., Co. (hereinafter referred to as Early), a California corporation, and a Spanish firm were a combined enterprise in performing a subcontract in the building...

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