ZIMMERMAN v. TIMPANY

No. 71 Civ. 739 (IBC).

396 F.Supp. 91 (1975)

Robert J. ZIMMERMAN, Plaintiff, v. Robert D. TIMPANY, Trustee, the Central Railroad Company of New Jersey, Defendant and Third-Party Plaintiff, v. FMC CORPORATION, Third-Party Defendant.

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

June 4, 1975.


Attorney(s) appearing for the Case

Arnold B. Elkind, New York City, for plaintiff; Donald E. Lampson, New York City, of counsel.

Alexander & Green, New York City, for defendant and third-party plaintiff; Robert C. Heidell, Alfred C. Moran, Daniel J. O'Neill, New York City, of counsel.

Fogarty, McLaughlin & Semel, New York City, for third-party defendant; Michael A. Patterson, of counsel.


OPINION

IRVING BEN COOPER, District Judge.

We have before us two motions. The first, by third-party defendant FMC Corporation ("FMC"), seeks to set aside the jury's verdict in this case, pursuant to Fed.R.Civ.P. 59. The second, by defendant-third party plaintiff Robert Timpany, as Trustee for the Central Railroad of New Jersey ("CNJ"), seeks indemnification against FMC.

On December 9, 1969 at about 5:30...

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