Gartner v. Lombard Bros., Inc. (E. I. Dupont De Nemours Co., Third Party Defendant)

GOODRICH, Circuit Judge.

This case involves the correctness of the dismissal of a third-party defendant.

The plaintiff sued defendant Lombard Brothers for damages occasioned by the death of her husband. She alleged that the defendant struck and killed the decedent while the latter was unloading a truck on the premises of the E. I. DuPont deNe-mours Company in Philadelphia. The defendant brought in E. I. DuPont deNemours- and Company as a third-party defendant under Rule 14, Fed.R.Civ.P., 28 U.S.C. 1 DuPont objected that the third-party complaint did not state a claim for which relief' could be…