Carlisle v. S. C. Loveland Co.

BARD, District Judge.

This case arises on the -third-party defendant’s motion to dismiss the third-party .complaint.

This is an action instituted by the plaintiff against the defendant, S. C. Loveland Company, Inc. (hereinafter referred to as “Loveland”), to recover damages for personal injuries. Loveland then filed a third-.party complaint against the Kelly Pile and Eoundation Corp. (hereinafter referred to .as “Kelly”), alleging that Kelly is liable .over to Loveland for any sum which might ;be assessed against Loveland in the plaintiff’s action.

The only ground for defendant’s motion -which…