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SCHWAB v. ERIE LACKAWANNA RAILROAD CO.

No. 18701.

438 F.2d 62 (1971)

Otto T. SCHWAB v. ERIE LACKAWANNA RAILROAD COMPANY, Appellant, and S. J. Groves and Sons Company v. Mildred A. SAUERS, Admx. of the Estate of William Sauers, Deceased, Frank Pulling, and Walmer Trucking Company.

United States Court of Appeals, Third Circuit.

Decided February 2, 1971.

Attorney(s) appearing for the Case

George I. Buckler, Meyer, Darragh, Buckler, Bebenck & Eck, Pittsburgh, Pa., for appellant.

Theodore E. Breault, Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for Walmer Trucking Co.

Richard A. Levick, Knox, Graham, Pearson & McLaughlin, Erie, Pa. (John M. McLaughlin, Erie, Pa., on the brief), for Mildred A. Sauers and others.

Before FORMAN, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

May a defendant who properly impleads third-parties on the ground that they are "or may be liable to him for all or part of the plaintiff's claim against him", Fed.R.Civ.Pro. 14, also include, in the absence of an independent jurisdictional basis, a separate claim for property damages which, although not the subject of the original plaintiff's claim, arose out of the...

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