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GAETA v. COMPAGNIE MARITIME BELGE (LLOYD ROYAL) S.A.

No. 69 Civ. 2689.

359 F.Supp. 493 (1973)

Peter GAETA, Plaintiff, v. COMPAGNIE MARITIME BELGE (LLOYD ROYAL) S.A., Defendant and Third-Party Plaintiff, v. BAY RIDGE OPERATING CO., INC., Third-Party Defendant.

United States District Court, S. D. New York.

June 8, 1973.

Attorney(s) appearing for the Case

Standard, Weisberg, Heckerling & Rosow, New York City, for plaintiff; Stanley Solomon, New York City, of counsel.

Hill, Betts & Nash, New York City, for defendant and third-party plaintiff; John F. X. McKiernan, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for third-party defendant; Daniel Dougherty, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

This is a motion by third-party defendant, Bay Ridge Operating Co. Inc. ("Bay Ridge"), for an order pursuant to Rule 12, Fed.R.Civ.P., dismissing this action for lack of subject matter jurisdiction and for an order pursuant to Rule 56, Fed.R.Civ.P., granting defendant summary judgment. In the alternative, Bay Ridge moves for an order pursuant to Rule 42(b), severing the third-party action. Defendant and third-party...

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