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PATIENT CARE, INC. v. FREEMAN

Civ. No. 89-4592.

755 F.Supp. 644 (1991)

PATIENT CARE, INC., Plaintiff, v. Martin FREEMAN and Esther Fried, Defendants/Third-Party Plaintiffs, v. EMPLOYEE BENEFIT MANAGEMENT CORPORATION, Third-Party Defendant.

United States District Court, D. New Jersey.

January 31, 1991.

Attorney(s) appearing for the Case

Daniel P. Simpson, Hirsch, Newman, Simpson & Baer, Hackensack, N.J., for Patient Care, Inc., plaintiff.

Russell G. Cheek, Toms River, N.J., for Martin Freeman and Esther Fried, defendants/third-party plaintiffs.

Irving L. Hurwitz, Carpenter, Bennett & Morrissey, Newark, N.J., for Employee Benefit Management Corp., third-party defendant.

OPINION

DEBEVOISE, District Judge.

This matter comes before the Court on the third-party defendant's motion for summary judgment. The defendants/third-party plaintiffs, however, have raised a substantial objection to this Court's jurisdiction to hear this case. I have concluded, after careful consideration, that while a third-party defendant is not precluded from removing the claim against it to federal court, in this case removal was improper because the...

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