AXINN & SONS LBR. CO., INC. v. LONG ISLAND R. CO.

No. 75-C-280.

466 F.Supp. 993 (1978)

AXINN & SONS LUMBER CO., INC., et al., Plaintiffs, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant and Third-Party Plaintiff, v. TRAFFIC EXECUTIVE ASSOCIATION-EASTERN RAILROADS et al., Third-Party Defendants.

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

On Motion for Summary Judgment July 12, 1978.


Attorney(s) appearing for the Case

George Carl Pezold, Huntington, N. Y., for plaintiffs; Thomas R. Hirschmann, Augello & Pezold, P. C., Huntington, N. Y., of counsel.

George M. Onken, Richard H. Stokes, Armand J. Prisco, Jamaica, N. Y., Walter J. Myskowski, Washington, D. C., for defendant and third-party plaintiff.

Harry G. Silleck, Jr., Leonard Garment, Douglas M. Parker, John L. Altieri, Jr., Mudge, Rose, Guthrie & Alexander, New York City, Donovan, Leisure, Newton & Irvine, New York City, for certain third-party defendants; Covington & Burling, Washington, D. C., of counsel.


BARTELS, District Judge.

Motion by third-party defendants to dismiss the amended complaint. A similar motion to dismiss was made by The Long Island Rail Road Company ("LIRR"), which was argued and denied on October 3, 1975. Thereafter the third-party defendants were impleaded by the LIRR and they promptly proceeded to bring this motion to dismiss the complaint.

A history of this litigation may be found in Ajayem Lumber Corp. v. Penn Central Transportation...

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