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JONES v. MUNSON TRANSP., INC.

No. 87 CV 645.

685 F.Supp. 879 (1988)

Allen L. JONES, as Executor of the Estate of Marjie A. Jones, Plaintiff, v. MUNSON TRANSPORTATION, INC., Rudy A. Hunt and Fruehauf Corporation, Defendants. MUNSON TRANSPORTATION, INC. and Rudy A. Hunt, Third-Party Plaintiffs, v. FUCHS, INC. and William Shaulis, Third-Party Defendants.

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

January 31, 1988.

Attorney(s) appearing for the Case

Rodman & Campbell, P.C., New York City by Hugh W. Campbell, for plaintiff.

Standard, Weisberg, Heckerling & Rosow, P.C., New York City by Arnold Stream, for defendants and third-party plaintiffs Munson and Hunt.

Herzfeld & Rubin, P.C., New York City by Peter J. Kurshan, for defendant Fruehauf.

Newman Schlau Fitch & Burns, P.C., New York City by Carole A. Burns, for third-party defendants.

MEMORANDUM AND ORDER

PLATT, Judge.

Third-party defendants Fuchs, Inc. ("Fuchs") and William Shaulis ("Shaulis") move the Court to dismiss the third-party complaint under Federal Rule of Civil Procedure 12(b)(6) on the ground that the third-party complaint fails to state a claim upon which relief may be granted or, in the alternative, for summary judgment pursuant to Federal Rule of Civil Procedure 56.

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