Meilinger v. Metropolitan Edison Co.

JOSEPH S. LORD, III, District Judge.

Defendant, Metropolitan Edison Company, seeks to join plaintiff’s employer, William Higgins & Sons, Inc., of Buffalo, N. Y., as a third party defendant. Defendant alleges (1) that Higgins was negligent in the performance of the work; *144(2) that Higgins agreed to indemnify defendant for all losses arising out of thev work.

The accident happened on August 2, 1959. Suit was started December 5,> 1960, .and defendant’s answer was filed on January 25, 1961. Thus, under our Local Rule 19(a), defendant had until July 25, 1961, to join Higgins. It is now thirty-four…