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OBURN v. FENTON

Civ. A. No. 66-540.

278 F.Supp. 185 (1966)

William H. OBURN, Jr. and Shirley L. Oburn, Plaintiffs, v. M. Robert FENTON and George E. Young, Defendants.

United States District Court W. D. Pennsylvania.

October 21, 1966.

Attorney(s) appearing for the Case

Howard V. Heck, Pittsburgh, Pa., for plaintiffs.

Frederick N. Egler, of Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for defendant M. Robert Fenton.

H. N. Rosenberg, of Rosenberg & Kirshner, Pittsburgh, Pa., for defendant George E. Young.

OPINION AND ORDER

MARSH, District Judge.

In this negligence action, the defendant, George E. Young, has moved under Rule 21, Fed.R.Civ.P., to add the United States Fidelity and Guaranty Company (Insurer) as a party plaintiff. See: United States v. Aetna Surety Co., 338 U.S. 366, 382, 70 S.Ct. 207, 94 L.Ed. 171 (1949); 3 Moore, Federal Practice, ¶ 21.04, p. 2906.

Since it appears that Insurer, under an insurance...

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