SCHIPPER v. LOCKHEED AIRCRAFT CORPORATION

No. 64 Civ. 2235.

278 F.Supp. 743 (1968)

Paul B. SCHIPPER, Plaintiff, v. LOCKHEED AIRCRAFT CORPORATION, Defendant-Third Party Plaintiff, v. EASTERN AIR LINES, INC., Third Party Defendant.

United States District Court S. D. New York.

February 2, 1968.


Attorney(s) appearing for the Case

Stelljes & Stelljes, New York City, for plaintiff, Arthur R. Stelljes, New York City, of counsel.

Mendes & Mount, New York City, for defendant-third-party plaintiff, Lockheed Aircraft Corp., James F. Coughlin, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for third-party defendant, Eastern Air Lines, Inc., Robert F. Ewald, New York City, of counsel.


METZNER, District Judge.

The third party defendant, Eastern Air Lines, Inc., moves to dismiss the complaint of the third party plaintiff, Lockheed Aircraft Corporation, on this motion for judgment on the pleadings. Fed.R.Civ.P. 12(c) and 12(h) (2).

Plaintiff instituted suit against Lockheed to recover damages for injuries suffered when an airplane owned and operated by Eastern, and on which he was a crew member, collapsed while taxiing and was destroyed by...

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