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BELCHER v. J. H. FLETCHER & CO.

Civ. A. No. 80-1005.

498 F.Supp. 629 (1980)

Nancy L. BELCHER, Administratrix of the Estate of Carl V. Belcher, Deceased, Plaintiff, v. J. H. FLETCHER & COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. ALLIED CHEMICAL CORPORATION, a corporation, Third-Party Defendant.

United States District Court S. D. West Virginia, Bluefield Division.

September 19, 1980.

Attorney(s) appearing for the Case

G. David Brumfield, Ballard & Brumfield, Welch, W. Va., for plaintiff.

Donald D. Hodson, Beckley, W. Va., for Allied Chemical Corp.

Charles L. Woody, and William T. Brotherton, Charleston, W. Va., for J. H. Fletcher & Co.

MEMORANDUM OPINION AND ORDER

KIDD, District Judge.

This action is before the Court on the motion of third-party defendant, Allied Chemical Corporation, (hereinafter "Allied Chemical"), to dismiss the third-party complaint for failure to state a claim upon which relief can be granted.

Plaintiff, on behalf of her decedent, filed a wrongful death action against defendant J. H. Fletcher & Co., (hereinafter...

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