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COX v. E.I. DuPONT de NEMOURS AND COMPANY

Civ. A. No. 4744.

269 F.Supp. 176 (1967)

Helen M. COX, Administratrix of the Estate of Arthur Norman Cox, Jr., Deceased, Plaintiff, v. E. I. DuPONT de NEMOURS AND COMPANY, Defendant and Third-Party Plaintiff, v. BLAW-KNOX COMPANY, Third-Party Defendant.

United States District Court D. South Carolina, Greenville Division.

Decided June 8, 1967.

Attorney(s) appearing for the Case

Wesley M. Walker, Fletcher C. Mann, J. Brantley Phillips, Jr., of Leatherwood, Walker, Todd & Mann, Greenville, S. C., for plaintiff. J. Bruce Foster, of Odom, Nolen & Foster, Spartanburg, S. C., and Harry DuMont of Uzzell & DuMont, Asheville, N. C., for defendant E. I. DuPont de Nemours and Co.

W. Francis Marion, of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for defendant Blaw-Knox Co.

HEMPHILL, District Judge.

As third party plaintiff E. I. DuPont de Nemours and Company moves that the court reconsider its decision of August 24, 1965 in which the court struck Paragraph 12 of the third party complaint which set forth a claim for contribution against the third party defendant, Blaw-Knox Company, based upon the theory they were joint feasors, and in reliance on the law of North Carolina.

DuPont further moves to amend its third party complaint...

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