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HERMAN v. C. O. PORTER MACHINERY CO.

Civ. A. Nos. 70-88, 71-326.

333 F.Supp. 416 (1971)

Harvey HERMAN, Plaintiff, v. C. O. PORTER MACHINERY CO., Third-Party Plaintiff. LINEMASTER SWITCH CORP., Third-Party Plaintiff, Defendants, v. GENERAL INTERIORS CORP., Third-Party Defendant. Harvey HERMAN, Plaintiff, v. HOME INSURANCE COMPANY, Defendant.

United States District Court, M. D. Pennsylvania.

November 19, 1971.

Attorney(s) appearing for the Case

Candor, Youngman, Gibson & Gault, Williamsport, Pa., for plaintiff Harvey Herman.

Greevy, Knittle & Mitchell, Williamsport, Pa., for third-party plaintiff and defendant C. O. Porter Machinery Co.

Furst, McCormick, Lynn, Reeder & Nichols, Williamsport, Pa., for third-party plaintiff and defendant Linemaster Switch Corp.

Robert James Wollet, Williamsport, Pa., for third-party defendant General Interiors Corp.

Thomas C. Raup, Williamsport, Pa., for defendant Home Insurance Co.

OPINION

MUIR, District Judge.

Before the Court are two motions filed by defendant Home Insurance Company pursuant to F.R.Civ.P. 12(b) (6) to dismiss the complaints in the above two actions for failure to state a claim upon which relief can be granted.

On March 12, 1971, Plaintiff Harvey Herman filed a complaint in No. 70-88, naming as defendants in a products liability action C. O. Porter Machinery Company and Linemaster Switch Corporation.

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