A B & C Motor Transp. Co. v. Moger

BYERS, District Judge.

This is a defendant’s motion under Fed. Rules Civ.Proc. rule 14, 28 U.S.C.A., after service of his answer “for leave as a third party plaintiff to serve a summons and complaint upon * * * ” Continental Casualty Company “not a party to the action .who is or may be liable to him for all or part of the plaintiff’s claim against him iji * * »

The motion is opposed by voluminous and argumentative affidavits submitted ostensibly by the plaintiff on the theory that the Court rests under the duty of deciding whether the defendant has any legal basis ' for his third party…