Barry v. Guldenshuh

GOURLEY, Chief Judge.

In this action, based on negligence, the third-party defendant, Ferrill, brings motion to dismiss the action of the original defendant, Guldenshuh, in joining him as third-party defendant. Diversity of citizenship exists between the plaintiff and defendant. Plaintiff claims no right to recover against the third-party defendant.

The motion is premised on the ground that the action is brought in the wrong district in view of the fact that the collision upon which the action is founded occurred in Fulton County, Pennsylvania, Middle District of Pennsylvania.

Where a…