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BROOKS v. BROWN

Civ. A. Nos. 97-69 and 98-69.

307 F.Supp. 907 (1969)

Frank K. BROOKS, Plaintiff, v. John F. BROWN, Jr., Defendant. Mary E. PICKOP, Plaintiff, v. John F. BROWN, Jr., Defendant.

United States District Court E. D. Virginia, Norfolk Division.

June 16, 1969.

Attorney(s) appearing for the Case

John M. Cloud, Norfolk, Va., for plaintiffs.

Wayne Lustig, Norfolk, Va., for defendant.

MEMORANDUM ORDER

KELLAM, District Judge.

Frank K. Brooks, third party defendant, (Brooks) moves the Court to dismiss the third party complaint filed herein, upon the grounds that John F. Brown, Jr., defendant and third party plaintiff, (Brown) may not maintain such an action for contribution until he has made payment of any sum which may be found to be due Mary E. Pickop, (Pickop) the original plaintiff.

Pickop, a passenger in an automobile operated...

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