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OTTO v. ALPER

Civ. A. No. 79-298.

489 F.Supp. 953 (1980)

Ann M. OTTO and Thomas Otto, her husband, Plaintiffs, v. Jerome M. ALPER and Andrew M. Alper, Defendants and Third-Party Plaintiffs, v. B. Wilson REDFEARN, Third-Party Defendant.

United States District Court, D. Delaware.

May 19, 1980.

Attorney(s) appearing for the Case

Wayne N. Elliott and Vernon R. Proctor, of Prickett, Jones, Elliott & Kristol, Wilmington, Del., for plaintiffs.

William F. Taylor and Barry M. Willoughby, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for defendants and third-party plaintiffs.

Edmund N. Carpenter, II, and Alesia Ranney-Marinelli, of Richards, Layton & Finger, Wilmington, Del., for third-party defendant.

OPINION

STEEL, Senior Judge:

Third party defendant B. Wilson Redfearn has moved, pursuant to Fed.R.Civ.P. 12(b)(1), to dismiss the complaint and the third-party complaint in this action, on the ground that this Court lacks subject matter jurisdiction. The suit arises out of a boating accident on August 7, 1977, on Rehoboth Bay, at Rehoboth Beach, Delaware. According to the complaint and third party complaint...

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