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HIDICK v. ORION SHIPPING AND TRADING CO.

152 F.Supp. 630 (1957)

Massoad Abdallah HIDICK, Plaintiff, v. ORION SHIPPING AND TRADING CO., Inc., and Pacific Cargo Carriers Corporation, Defendants. PACIFIC CARGO CARRIERS CORPORATION, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

United States District Court S. D. New York.

May 23, 1957.

Attorney(s) appearing for the Case

Harry Ruderman, New York City, for plaintiff.

Nelson, Healy, Baillie & Burke, New York City, for defendants and third-party plaintiff. Allan A. Baillie and Thomas L. Rohrer, New York City, of counsel.

Paul W. Williams, U. S. Atty., New York City, for the United States. Walter L. Hopkins and Ruth K. Bailey, Trial Attys., Dept. of Justice, New York City, of counsel.

PALMIERI, District Judge.

This is a motion by the United States to dismiss the third party complaint of defendant Pacific Cargo Carriers Corporation against it pursuant to Rules 12 (b) (1) and (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. on the grounds that this court lacks jurisdiction over both the subject matter and the person of the third party defendant. The motion is denied.

Plaintiff has brought his action on the civil side of the court...

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