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M. V. M., INC. v. ST. PAUL FIRE & MARINE INSURANCE CO.

156 F.Supp. 879 (1957)

M. V. M., Inc., Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE CO., Defendant and Third Party Plaintiff (UNITED STATES LINES COMPANY, sued herein as United States Lines Co., Third Party Defendant).

United States District Court S. D. New York.

November 25, 1957.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, Daniel A. Sullivan, New York City, of counsel, for defendant and third party plaintiff.

Kirlin, Campbell & Keating, New York City, Michael F. Whalen, James McGarry, New York City, of counsel, for third party defendant.

LEVET, District Judge.

The third party defendant, United States Lines Company, sued herein as United States Lines Co. (hereinafter referred to as United States Lines), has moved this court for an order under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the third party complaint herein on the ground that the third party plaintiff is not a proper third party plaintiff and is not the real party in interest. It is contended that the third...

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