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SITKOFF v. BMW OF NORTH AMERICA, INC.

Civ. A. No. 93-3804.

846 F.Supp. 380 (1994)

Steven D. SITKOFF and Bernice E. Sitkoff, individually and as parents and natural guardians of a minor, Jessica Sitkoff, and as administrators of the Estate of Gwyn Allison Sitkoff, deceased, Plaintiffs, v. BMW OF NORTH AMERICA, INC., and Bayerische Motoren Werke Aktiengesellschaft, improperly named as Bavarian Motor Works, A.G., Defendants/Third Party Plaintiffs, v. The ESTATE OF Roslyn SCHREIBER, The Estate of Myron Schreiber, the Commonwealth of Pennsylvania Department of Transportation, and John Does Nos. 1-3, Third Party Defendants.

United States District Court, E.D. Pennsylvania.

March 14, 1994.

Attorney(s) appearing for the Case

Arthur Alan Wolk, Catherine B. Slavin, Wolk, Genter & Harrington, Philadelphia, PA, for plaintiffs.

William F. Kiniry, Jr., Piper & Marbury, Philadelphia, PA, for defendants/third party plaintiffs.

Thomas H. Dinkelacker, Snyder Dimmich & Guldin, P.C., Allentown, PA, for the Estates of Roslyn Schreiber and Myron Schreiber.

Randall J. Henzes, Office of Atty. Gen., Philadelphia, PA, for the Com. of Pa., Dept. of Transp.

MEMORANDUM

TROUTMAN, Senior District Judge.

Before the court is the motion of the Commonwealth of Pennsylvania Department of Transportation to dismiss the third party complaint of BMW of North America, Inc., for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), as well as its Motion to Dismiss Cross-claim of Third-party Defendants Estate of Roslyn Schreiber and Estate of Myron Schreiber upon the same grounds. For the reasons which...

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