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PARKS v. UNITED STATES

Civ. A. No. 9579.

241 F.Supp. 297 (1965)

Herbert F. PARKS, d/b/a Parks Manufacturing Company, Plaintiff, v. UNITED STATES of America, Defendant and Third-party Plaintiff, v. STATE OF NEW YORK, Third-party Defendant.

United States District Court N. D. New York.

April 15, 1965.

Attorney(s) appearing for the Case

Albert L. Lawrence, Herkimer, N. Y., for plaintiff.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant and third-party plaintiff, United States of America, Frank A. Dziduch, Asst. U. S. Atty., John G. Laughlin, M. M. Heuser, Attys., Dept. of Justice, Washington, D. C., of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., for third-party defendant, State of New York, Arthur W. Mattson, Asst. Atty. Gen., Grace K. Banoff, Associate Atty., of counsel.

JAMES T. FOLEY, Chief Judge.

Ordinarily, nothing could be more routine and simple than a motion to dismiss a third-party complaint served pursuant to Rule 14(a) of the Federal Rules of Civil Procedure. However, this motion by the State of New York, impleaded as a third-party defendant by the United States in this Federal Tort Claims action commenced against it, the government, by a citizen and resident of New York, presents...

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