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ROSE v. UNITED STATES

No. 366-65.

373 F.2d 963 (1967)

Esther H. ROSE, Plaintiff, and Ora F. Duval, Intervenor, v. The UNITED STATES, and ALBERT TURNER & CO., Inc. and Bankers Trust Company, Third-Party Defendants.

United States Court of Claims.

March 17, 1967.

Attorney(s) appearing for the Case

Bernard I. Shovlin, Philadelphia, Pa., for plaintiff.

Edwin J. McDermott, Philadelphia, Pa., for intervenor.

Ira M. Langer, Silver Spring, Md., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Lyle M. Turner and Philip R. Miller, Washington, D. C., of counsel.

Harry I. Rand, New York City, for third-party defendants. Weisman, Allan, Spett & Sheinberg, New York City, of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

OPINION

COWEN, Chief Judge.

Plaintiff's petition, which covers facts spanning a 10-year period, focuses our attention on the limits of third-party practice as embodied in Rule 23(a) (1):

The court [or the commissioner], on its own motion or on the motion of either party, may notify any person with legal capacity to sue and be sued and who appears to have an interest in the subject matter of any pending suit to appear as a party and assert his interest...

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