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LUTZ FEED CO. v. AUDET & CO.

72 Misc.2d 28 (1972)

Lutz Feed Company, Inc., Plaintiff, v. Audet & Company, Inc., et al., Defendants and Third-Party Plaintiffs. Howard J. Benson et al., Third-Party Defendants.

Supreme Court, Special Term, Delaware County.

November 20, 1972

Attorney(s) appearing for the Case

Night, Keller & O'Connor (Thomas F. O'Connor of counsel), for defendants and third-party plaintiffs. McNamee, Lochner, Titus & Williams (Victor A. Lord of counsel), for third-party defendants. Harlem & Terry for plaintiff.

HAROLD J. HUGHES, J.

There are two motions before the court, one by a third-party defendant, Eastern Federation of Feed Merchants, Inc., hereinafter the Federation, to dismiss the third-party complaint for failure to state a cause of action, and the other by a third-party defendant, Howard J. Benson, to dismiss the third-party complaint on the ground that the court has no jurisdiction over his person and that...

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