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BUNGE CORPORATION v. LONDON AND OVERSEAS INSURANCE CO.

No. 64 Civ. 3440.

267 F.Supp. 406 (1965)

BUNGE CORPORATION, Plaintiff, v. The LONDON AND OVERSEAS INSURANCE COMPANY, Limited et al., Defendants and Third-Party Plaintiffs, v. Brooks BANKER, as Treasurer of American Express Company, Third-Party Defendant.

United States District Court S. D. New York.

May 7, 1965.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Attorneys for Bunge (Plaintiff).

Symmers, Fish & Warner, New York City, Attorneys for Defendants and Third-Party Plaintiffs.

Winthrop, Stimson, Putnam & Roberts, New York City, Attorneys for Third-Party Defendant.

RYAN, District Judge.

AMEXCO moves to dismiss the third party complaint served on it by defendant insurers on the ground that it fails to state a claim and that in any event the Court in its discretion should dismiss it.

The principal reason advanced for dismissal is that under New York law such impleader is not permissible and that in a diversity suit, Rule 14(a) of the Federal Rules may not serve to enlarge the parties' rights. It is also urged that the...

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