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THOMPSON v. WHEELER

No. 89-5788.

898 F.2d 406 (1990)

Gerald THOMPSON, and Cynthia Thompson, husband and wife v. Daphne WHEELER, defendant and John D. Risse, additional defendant. Appeal of Daphne WHEELER.

United States Court of Appeals, Third Circuit.

Decided March 21, 1990.

Attorney(s) appearing for the Case

Richard H. Wix, Theresa L. Shade, Wix, Wenger, Weidner & Gunnison, Harrisburg, Pa., for appellant.

James J. West, U.S. Atty., Robert J. DeSousa, Asst. U.S. Atty., Scranton, Pa., for John D. Risse and the U.S.

Before GREENBERG, SCIRICA, and SEITZ, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) February 5, 1990.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Defendant-third party plaintiff Daphne Wheeler appeals from an order of August 28, 1989, granting a motion by third party defendant John D. Risse to dismiss Wheeler's complaint against him. The germane facts and procedural history of this case are as follows.

On December 19, 1986, Wheeler was operating an automobile near New Buffalo,...

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