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BURNS v. N & L REALTY CORPORATION

Civ. A. No. 16164.

160 F.Supp. 203 (1958)

Mildred R. BURNS, Plaintiff, v. N & L REALTY CORPORATION, a corporation, Original Defendant, MISSOURI, KANSAS AND TEXAS RAILROAD, a corporation, Third-Party Defendant.

United States District Court W. D. Pennsylvania.

March 7, 1958.

Attorney(s) appearing for the Case

James P. McArdle, Pittsburgh, Pa., for plaintiff.

James J. Burns, Jr., Pittsburgh, Pa., for defendant.

David J. Armstrong, of Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for third party defendant.

GOURLEY, Chief Judge.

This is a motion of Missouri, Kansas and Texas Railroad, a corporation, third-party defendant, to strike portions of third-party complaint which allege sole liability and predicate the right of recovery upon an indemnification agreement.

Jurisdiction is based on diversity of citizenship and jurisdictional amount. Since the operative facts occurred in Pennsylvania, the substantive law of Pennsylvania...

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