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KOTSONIS v. SUPERIOR MOTOR EXP.

No. C-81-121-S.

539 F.Supp. 642 (1982)

Fontini KOTSONIS, individually and as Administratrix of the Estate of Padias Kotsonis, Plaintiff, v. SUPERIOR MOTOR EXPRESS, Earnhardt Lumber Co., and the Estate of Kenneth Edward Bentley, Defendants/Third Party Plaintiffs, v. Andreas BERTSOULAKIS and Fourni Painting Contracting, Inc., Third Party Defendants.

United States District Court, M. D. North Carolina, Salisbury Division.

May 26, 1982.

Attorney(s) appearing for the Case

Harold F. Greeson of Edwards, Greeson, Weeks & Turner, and Richard L. Wharton of Clark, Wharton & Maraghy, Greensboro, N. C., for plaintiff.

Joseph E. Elrod, III and Arthur A. Vreeland of Tuggle, Duggins, Meschan, Thornton & Elrod, Joseph W. Moss of Adams, Kleemeier, Hagan, Hannah & Fouts, Greensboro, N. C., for defendants/third party plaintiffs and third party defendants.

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, District Judge.

This matter is before the Court on third party defendant Andreas Bertsoulakis' Rule 12 Motion to Dismiss (November 10, 1981). The third party defendant claims primarily that transfer to this Court of this civil action containing the ancillary third party claim was improper under 28 U.S.C. § 1404(a) because this district was not one in which the third party claim might have been brought originally...

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