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METZENBAUM v. GOLWYNNE CHEMICALS CORPORATION

159 F.Supp. 648 (1958)

James METZENBAUM, as Administrator of the Estate of Harvey L. Clawson, deceased, Plaintiff, v. GOLWYNNE CHEMICALS CORPORATION, Defendant and Third-Party Plaintiff, Mid-States Freight Lines, Inc., Third-Party Defendant.

United States District Court S. D. New York.

February 24, 1958.

Attorney(s) appearing for the Case

William A. Blank, Brooklyn, N. Y., for plaintiff.

Harris J. Klein, New York City, William Biederman, Irving Klein, New York City, of counsel, for third party defendant.

McCarthy & McGrath, New York City, Herman J. McCarthy, New York City, of counsel, for third party plaintiff.

SUGARMAN, District Judge.

The third party defendant, Mid-States Freight Lines, Inc., (hereinafter called Mid-States) moves for summary judgment dismissing the third party complaint of the defendant and third party plaintiff, Golwynne Chemicals Corporation, (hereinafter called Golwynne) on various grounds.

Jurisdiction of the actions is based upon diversity of citizenship.1

In the main action, plaintiff Metzenbaum, administrator...

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