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RANDO v. LUCKENBACH STEAMSHIP COMPANY

Civ. No. 17125.

181 F.Supp. 440 (1960)

Ellio RANDO et al., Plaintiffs, v. LUCKENBACH STEAMSHIP COMPANY, Inc., et al., Defendants. LUCKENBACH STEAMSHIP COMPANY, Inc., Third Party Plaintiff, v. H. MUEHLSTEIN & CO., Inc., Third Party Defendant.

United States District Court E. D. New York.

February 23, 1960.

Attorney(s) appearing for the Case

Eisman, Lee, Corn, Sheftel & Bloch, New York City, by Julius B. Sheftel, New York City, for the motion, Purdy, Lamb & Catoggio, New York City, co-counsel, for third party defendant H. Muehlstein & Co. Inc.

Emile Z. Berman and A. Harold Frost, New York City, for third party plaintiff, by Howard Lester, New York City, in opposition.

RAYFIEL, District Judge.

The third-party defendant, H. Muehlstein & Co. Inc., hereinafter referred to as Muehlstein, moves, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the third-party complaint heretofore served upon it by the defendant, Luckenbach Steamship Company, Inc., hereinafter referred to as Luckenbach.

The actions brought against Luckenbach resulted from a fire and explosion which destroyed its pier...

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