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PERKINSON v. PENICK

No. CIV-2-77-52.

456 F.Supp. 1 (1977)

R. E. PERKINSON, Plaintiff, v. Everett L. PENICK, Defendant and Third-Party Plaintiff, v. Carl N. GRAYBEAL et al., Third-Party Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

August 3, 1977 and October 27, 1977.

Attorney(s) appearing for the Case

William T. Gamble, Kingsport, Tenn., for plaintiff.

Duane S. Snodgrass, Kingsport, Tenn., for defendant.

J. Paul Coleman, and James E. Brading, Johnson City, Tenn., Robert M. Worrell, Pineville, W. Va., and Charles A. Tutwiler, Welch, W. Va., for third-party defendants.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The third-party defendants Messrs. Carl N. Graybeal and Thomas L. Graybeal, not having served and filed timely written objections to the recommendation of a United States magistrate of this district, that their motion for a dismissal of the third-party complaint herein on the grounds of the third-party plaintiff's failure to state a third-party claim on which relief can be granted and for want of jurisdiction...

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