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CORRAO v. WATERMAN S. S. CORPORATION

Civil Action No. 8338.

75 F.Supp. 482 (1948)

CORRAO v. WATERMAN S. S. CORPORATION (PITTSTON STEVEDORING CO., Third-Party Defendant).

District Court, E. D. New York.

January 26, 1948.

Attorney(s) appearing for the Case

Alexander & Ash, of New York City (Sidney A. Schwartz, of New York City, of counsel), for Pittston Stevedoring Co., for the motion.

Joseph F. Ruggieri, of Brooklyn, for plaintiff.

Gay & Behrens, of New York City (Edward J. Behrens, of New York City, of counsel), for defendant and third-party plaintiff, opposed.

BYERS, District Judge.

Motion under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, by third party defendant, to dismiss a third party complaint, for failure to state a claim upon which relief can be granted. The principal assertion is that the criticised pleading "does not set forth any facts constituting a claim of indemnity in favor of the third party plaintiff from the third party defendant".

Attention is thus...

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