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WASIK v. BORG

No. 457, Docket 34176.

423 F.2d 44 (1970)

Albert J. WASIK, Plaintiff-Appellee, v. Robert W. BORG, Defendant and Third-Party Plaintiff, v. FORD MOTOR COMPANY, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 10, 1970.

Attorney(s) appearing for the Case

Frederic W. Allen, Burlington, Vt. (Wick, Dinse & Allen, Burlington, Vt., on the brief), for third-party defendant-appellant.

Robert A. Bloomer, Rutland, Vt. (Bloomer & Bloomer, Rutland, Vt., on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

While driving his station wagon in Rutland, Vermont, Robert W. Borg rammed into the rear of a vehicle operated by appellee Albert J. Wasik, injuring both Wasik and his automobile. Wasik sued Borg, a resident of Maryland, in the United States District Court for the District of Vermont, basing jurisdiction on diversity of citizenship. Borg served a third-party complaint on appellant Ford Motor Company, alleging that the accident was due to a...

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