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POLING TRANSP. CORP. v. UNITED STATES

No. 83 CV 1392.

613 F.Supp. 1319 (1985)

POLING TRANSPORTATION CORPORATION, and Barge Poling Bros. No. 23, Inc., Plaintiffs, v. UNITED STATES of America, Defendant.

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

April 30, 1985.

Attorney(s) appearing for the Case

Healy & Baillie, New York City (John R. Geraghty, New York City, of counsel), for plaintiffs.

Raymond J. Dearie, U.S. Atty., E.D.N.Y. (Robert L. Begleiter, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Two separate, though related, actions are pending before this court: 1) a personal injury action by Gordon Wilson against the United States, No. 83 CV 2631; and 2) an action by Poling Transportation Corp. against the United States for indemnity. The United States now moves to dismiss the second action for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and plaintiff — Poling — cross-moves to...

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