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BARTOLOTTA v. UNITED STATES

Civ. Nos. 10169, 10170, 10515.

276 F.Supp. 66 (1967)

Salvatore J. BARTOLOTTA, Plaintiff, v. UNITED STATES of America and Liberty Mutual Insurance Company, Defendants. Robert PETTERSEN, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY and United States of America, Defendants. Lucian BOUTIN, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

United States District Court D. Connecticut.

November 2, 1967.

Attorney(s) appearing for the Case

Edward Smith, Hartford, Conn., for plaintiffs Bartolotta and Pettersen.

Samuel Gruber, of Gruber & Turkel, Stamford, Conn., for plaintiff Boutin.

William J. Doyle and Frank E. Callahan, of Wiggin & Dana, New Haven, Conn., for defendant Liberty Mut. Ins. Co.

TIMBERS, Chief Judge.

QUESTIONS PRESENTED

Motions by defendant Liberty Mutual Insurance Company (Liberty Mutual), pursuant to Rule 12(b) (6), Fed.R.Civ.P., for dismissal of the complaints in each of the instant actions for failure to state claims upon which relief can be granted, present the following identical questions in each action:

(1) Whether Liberty Mutual is a "third person" within the contemplation of the Connecticut Workmen's Compensation...

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