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ALBERT v. DIETZ

Civ. No. 2660.

283 F.Supp. 854 (1968)

Peter T. ALBERT, Plaintiff, v. Michael DIETZ, dba Michael Dietz's Golf Shop, Defendant and Third-Party Plaintiff, v. McWAYNE MARINE SUPPLY, LTD., Cushman Motors, a division of Outboard Marine Corporation and County of Kauai, Third-Party Defendants.

United States District Court D. Hawaii.

April 4, 1968.

Attorney(s) appearing for the Case

Frank D. Padgett, James Krueger, Padgett & Greeley, Honolulu, Hawaii, for Peter T. Albert, plaintiff.

Ronald D. Libkuman, Herbert K. Shimabukuro, Honolulu, Hawaii, for Michael Dietz, dba Michael Dietz's Golf Shop, defendant and third-party plaintiff.

Barry Chung, William H. Dodd, Fong, Miho, Choy & Robinson, Honolulu, Hawaii, for McWayne Marine Supply, Ltd., third-party defendant.

Toshio Kabutan, County Atty., County of Kauai, Lihue, Kauai, for County of Kauai, third-party defendant.

MEMORANDUM OF DECISION AND ORDER DENYING THIRD-PARTY DEFENDANT COUNTY OF KAUAI'S MOTION TO DISMISS

PENCE, District Judge.

On April 14, 1967 plaintiff Albert filed a diversity action in this court against Dietz, seeking damages allegedly arising out of an accident on August 3, 1966 involving a golf cart rented from Dietz, as the golf professional, at the Wailua Golf Course on the island of Kauai, Hawaii. Dietz thereafter moved this court to implead, among...

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