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ANDRETTA v. TUBE DISTRIBUTORS CO.

Civ. A. 18898.

180 F.Supp. 891 (1960)

Stephen ANDRETTA, Plaintiff, v. TUBE DISTRIBUTORS CO., Inc., Defendant. TUBE DISTRIBUTORS CO., Inc., Third-Party Plaintiff, v. NATIONWIDE INSURANCE COMPANY, Third-Party Defendant.

United States District Court E. D. New York.

February 16, 1960.

Attorney(s) appearing for the Case

O'Brien & Kelly, Brooklyn, N. Y., for third-party defendant, by Donald H. Dochner, Brooklyn, N. Y., of counsel.

Francis Sorin, Jersey City, N. J., for plaintiff.

Thomas Keane, Brooklyn, N. Y., for defendant and third-party plaintiff, by Francis P. Cunnion, Brooklyn, N. Y., of counsel.

BYERS, District Judge.

This is a motion by a third-party defendant to dismiss the third-party complaint, for failure to give notice of claim within the time specified in the policy involved; or in the alternative, to grant a severance as to the third-party action.

The dispute is obviously between two liability companies that insured the defendant Tube, and Eazor respectively.

The plaintiff Andretta was an employee of the latter on July 2, 1957 and...

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