F. & M. SKIRT CO. v. A. Wimpfheimer & Bro.

McLELLAN, District Judge.

The following statement may be taken, transcribed, and filed with the papers in the case:

In July, 1938, the plaintiff, F. & M. Skirt Company, brought an action in the state court against A. Wimpfheimer & Bro., Inc., a New York corporation, for breach of warranty that certain cloth purchased by the plaintiff from the defendant was washable. The action was removed by the defendant to this court. The defendant’s motion to permit the filing of an amended third-party complaint against the third-party defendant was allowed on December 7, 1938. This complaint avers that the…