Legal Opinion

Reconstruction Finance Corp. v. Duke

District Court, D. Maryland

Decided March 31, 1953No. Civ. No. 5306PublishedCited by 2 opinions

1Opinion of the Court

WILLIAM C. COLEMAN, Chief Judge.

The question presented is whether this Court should vacate its order permitting the impleading of third-party defendants pursuant to Rule 14 of the Federal Rules of Civil Procedure, 28 U.S.C.A. This Rule, which governs third-party practice, makes no reference to such action by the Court, but the authority given to the Court by the Rule with respect to third-party practice is permissive and discretionary, not mandatory.

This suit was instituted March 13, 1951, by the Reconstruction Finance Corporation against the defendants, Milton Duke *267and Morton L. Kemper,…

2Cases cited13 opinions

  1. Baltimore & OR Co. v. SaundersCourt of Appeals for the Fourth Circuit · 1947
  2. Green v. T. A. Shoemaker & Co.Court of Appeals of Maryland · 1909
  3. Sheppard v. Atlantic States Gas Co. of Pennsylvania, Inc.Court of Appeals for the Third Circuit · 1948
  4. Glens Falls Indemnity Co. v. Atlantic Bldg. Corp.Court of Appeals for the Fourth Circuit · 1952
  5. Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905

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3Cited by2 opinions

  1. Duke v. Reconstruction Finance Corp.Court of Appeals for the Fourth Circuit · 1954
  2. Larsen v. PowellDistrict Court, D. Colorado · 1954

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