Legal Opinion
McKee v. Southern Railway Co.
District Court, M.D. Georgia
Decided August 6, 1970No. Civ. A. No. 13034PublishedCited by 4 opinions
1Opinion of the Court
ORDER
EDENFIELD, District Judge.
This case is now before the court upon motions by third-party defendants David Round & Son, Inc. and Drasco, Inc., to dismiss the third-party complaint and to quash service of the third-party complaint on the grounds that (1) the Federal Rules of Civil Procedure provide for service of third-party complaints only under 4(f), specifically excluding service of such complaints according to state procedures under Rule 4(d) (7), and (2) third-party plaintiff’s claim for indemnity arose, if at all, in 1967, at the time of the wrongful acts alleged in the main action,…
2Cases cited15 opinions
- Samara v. United StatesCourt of Appeals for the Second Circuit · 1942
- McCoy v. SilerCourt of Appeals for the Third Circuit · 1953
- Giffin v. EnsignCourt of Appeals for the Third Circuit · 1956
- Thompson v. AbbottSupreme Court of Georgia · 1970
- United New York Sandy Hook Pilots Ass'n v. Rodermond Industries, Inc.Court of Appeals for the Third Circuit · 1968
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3Cited by4 opinions
- United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Wilkins v. Mason Shoe Manufacturing Co.Supreme Court of The Virgin Islands · 1980
- Estee Lauder, Inc. v. Harco Graphics, Inc.District Court, S.D. New York · 1984
- McKee v. Southern Railway Co.District Court, N.D. Georgia · 1971