McSPARRAN v. GABLE

Civ. A. No. 28997.

223 F.Supp. 127 (1963)

Stella McSPARRAN, Administratrix of the Estate of Clarence C. Collins, Deceased, v. Marvin H. GABLE and John P. Miller v. Joseph E. COLLINS.

United States District Court E. D. Pennsylvania.

October 16, 1963.


Attorney(s) appearing for the Case

Charles A. Lord, Richter, Lord, Toll & Cavanaugh, Philadelphia, Pa., for plaintiff.

Gerald A. Dennehey, Philadelphia, Pa., for Marvin H. Gable.

Frank Bielitsky, Philadelphia, Pa., for John P. Miller.

David L. Pennington, Joseph R. Thompson, Philadelphia, Pa., for Joseph E. Collins, third-party defendant.


GRIM, District Judge.

Under amended Rule 14(a) of the Federal Rules of Civil Procedure, third-party actions may be started without leave of court if the third-party complaint is filed within ten days of the service of defendant's answer on the plaintiff. However, if more than ten days have elapsed since the service of the answer, leave of court must be obtained. In this case a defendant requests such leave of court in a petition filed approximately twenty-six months...

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