Mozeika v. Kaufman Construction Co.

CLARY, District Judge.

This matter is again before the Court on plaintiff’s motion for re-argument of its preliminary objections to the interrogatories of the third-party defendant, Ingersoll-Rand Company, which objections had been overruled in an Order filed February 25, 1960. Plaintiff now earnestly contends that if permitted to stand, this decision would create a lack of uniformity in cases decided in this District on the question of whether a person in the position of plaintiff is an “adverse party” as to the third-party defendant, Ingersoll-Rand Company, within the meaning of Rule 33 of…