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HALSTEAD v. NORFOLK AND WESTERN RAILWAY COMPANY

Civ. A. No. 1099.

236 F.Supp. 182 (1964)

Franklin D. R. HALSTEAD, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff, v. ANDERSON'S BLACK ROCK, INC., Third-Party Defendant.

United States District Court S. D. West Virginia, at Huntington.

December 14, 1964.

Attorney(s) appearing for the Case

L. Eugene Dickinson, Charleston, W. Va. (Lane & Preiser, Charleston, W. Va., on brief), for plaintiff.

Zane Grey Staker, Williamson, W. Va. (Slaven & Staker, Williamson, W. Va., on brief), for defendant and third-party plaintiff.

Edwin W. Conley, Huntington, W. Va. (Huddleston & Bolen, Huntington, W. Va., on brief), for third-party defendant.

CHRISTIE, District Judge:

This case is before this court pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., upon a motion for summary judgment made by the third-party defendant, Anderson's Black Rock, Inc. (hereinafter referred to as "Black Rock"), on the grounds that the third-party complaint fails to state a claim upon which relief can be granted and that, since Black Rock has made payments to the plaintiff under the applicable provisions...

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