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B-AMUSED COMPANY v. MILLROSE SPORTING CLUB, INC.

Civ. A. No. 15000.

168 F.Supp. 709 (1958)

B-AMUSED COMPANY, Inc., Plaintiff, v. MILLROSE SPORTING CLUB, INC., and Louis Figari, Defendants. MILLROSE SPORTING CLUB, INC., and Louis Figari, Third-Party Plaintiffs, v. FIREMAN'S FUND INDEMNITY COMPANY, Third-Party Defendant.

United States District Court E. D. New York.

December 17, 1958.

Attorney(s) appearing for the Case

Thomas P. Curtin, New York City, for third-party defendant, by Robert E. Curran, and John G. Cregan, New York City, of counsel.

Charles F. McAteer, Jr., Staten Island, for plaintiff, by Wallace Barry, of counsel.

James J. Geraghty, Huntington, Substituted Attorney for defendants and third-party plaintiffs.

BYERS, Chief Judge.

This is a motion by the third-party defendant to sever the third-party action and provide for the trial of the same before a jury other than the one which shall hear the plaintiff's case against the defendants.

The litigation arises by reason of the collapse of one or more grandstands at Dover Speedway in the State of New Jersey on June 12, 1954.

The pleadings and the papers on the motion, seem to indicate that the issue between...

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