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STATE OF NORTH DAKOTA v. PRZYBYLSKI

Civ. No. 359.

98 F.Supp. 21 (1951)

STATE OF NORTH DAKOTA ex rel. NORTH DAKOTA WORKMEN'S COMPENSATION BUREAU et al. v. PRZYBYLSKI et al. (Robert GIBB & SONS CO. et al., third parties defendant).

United States District Court D. Minnesota, First Division.

May 9, 1951.

Attorney(s) appearing for the Case

Cleon Headley and David W. Raudenbush, of St. Paul, Minn., for American Radiator & Standard Sanitary Corp.

Martin A. Beatty, of Winona, Minn., for Badger Machine Co.

Lanier & Lanier, of Fargo, N. D., for plaintiff Ray M. Robinson.

NORDBYE, Chief Judge.

It seems obvious that the third-party complaint as to the American Company must be dismissed because (1) it fails to allege any grounds upon which the defendants as third-party plaintiffs would be entitled to any relief as against this third-party defendant, and (2) the third-party complaint fails to come within the purview and scope of Rule 14(a), Federal Rules of Civil Procedure, as amended, 28 U.S.C.A.

A detailed analysis of the third...

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