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COLONIAL MORTG. SERVICE CO. v. AERENSON

Civ. A. No. 82-474 MMS.

603 F.Supp. 323 (1985)

COLONIAL MORTGAGE SERVICE COMPANY, Plaintiff, v. Norman N. AERENSON and William R. Hitchens, Jr., Defendants. Norman N. AERENSON, Esquire, Third-Party Plaintiff, v. CONTINENTAL BANK, Third-Party Defendant.

United States District Court, D. Delaware.

February 21, 1985.

Attorney(s) appearing for the Case

Thomas S. Neuberger, Walter W. Rabin, and Jay S. Ruder, Philadelphia, Pa., for plaintiff; Meltzer & Schiffrin, Philadelphia, Pa., of counsel.

John T. Owens, and James S. Reichert, John T. Owens, P.A., Wilmington, Del., for defendant and third-party plaintiff N.N. Aerenson.

Edward M. McNally, Morris, James, Hitchens & Williams, Wilmington, Del., for defendant W.R. Hitchens.

William J. Wade, and Thomas A. Beck, Richards, Layton & Finger, Wilmington, Del., for third-party defendant.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This diversity action is presently before the Court on a Motion to Dismiss the third party complaint on the grounds of improper service of process, lack of in personam jurisdiction, and expiration of the statute of limitations. The third party complaint was brought by Norman N. Aerenson against John W. Benson, Jr. and Continental Bank of Pennsylvania. Only the claim between Aerenson and Continental Bank are involved...

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