Legal Opinion

Perkinson v. Penick

District Court, E.D. Tennessee

Decided October 27, 1977No. CIV-2-77-52PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The third-party defendants Messrs. Carl N. Graybeal and Thomas L. Graybeal, not having served and filed timely written objections to the recommendation of a United States magistrate of this district, that their motion for a dismissal of the third-party complaint herein on the grounds of the third-party plaintiff’s failure to state a third-party claim on which relief can be granted and for want of jurisdiction of the subject matter of such third-party claim, Rules 12(b)(1), (6), Federal Rules of Civil Procedure, be denied, 28 U.S.C. §…

2Cases cited6 opinions

Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
Stemler v. BurkeCourt of Appeals for the Sixth Circuit · 1965
Ned G. Saalfrank v. Melva M. O'daniel, and Third Party Plaintiff-Cross v. Parkview Memorial Hospital, Inc., Third PartyCourt of Appeals for the Third Circuit · 1976
Dawn v. Essex Conveyors, Inc.District Court, E.D. Tennessee · 1973
Jerry Dawn Et Ux., United States Fidelity and Guaranty Company and Eastman Kodak Company, Intervening v. Essex Conveyors, Inc., Process Equipment Engineering Company, Inc. v. Tennessee Eastman Company, a Division of Eastman Kodak CompanyCourt of Appeals for the Sixth Circuit · 1974

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3Cited by1 opinion

C. Van Der Lely N v. v. F.lli Maschio S.N.C.District Court, S.D. Ohio · 1982