Nistendirk v. United States

GIBSON, Chief Judge.

This is an action brought under the Federal Tort Claims Act. Defendant United States sought leave to implead third party defendant M.F.A. Mutual (hereinafter referred to as M.F.A.) and leave was granted. M.F.A. now moves to vacate the order granting leave to the United States to implead M.F.A. or in the alternative moves to dismiss the third party complaint.

M.F.A. has two main grounds which it advances in support of its position. As set out in its suggestions, those two grounds are that M.F.A. is deprived of a jury trial in violation of the Seventh Amendment of the United…