ORDER
O'BRIEN, District Judge.
This matter is before the Court on the third-party defendant Blue Star Foods, Inc.'s motion to dismiss, filed December 18, 1979. Plaintiff Larimer and defendant Raque Manufacturing Company have resisted this motion and briefs have been filed. Oral argument was heard on June 17, 1980. Upon due consideration the Court finds that the third-party defendant Blue Star Foods' motion to dismiss should be granted.
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