Legal Opinion
M. v. M., Inc. v. St. Paul Fire & Marine Insurance
District Court, S.D. New York
Decided November 25, 1957PublishedCited by 19 opinions
1Opinion of the Court
LEVET, District Judge.
The third party defendant, United States Lines Company, sued herein as United States Lines Co. (hereinafter referred to as United States Lines), has moved this court for an order under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the third party complaint herein on the ground that the third party plaintiff is not a proper third party plaintiff and is not the real party in interest. It is contended that the third party plaintiff has not yet become subrogated to plaintiff’s rights; that since plaintiff did not sue the third party defendant…
2Cases cited20 opinions
- Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
- Brown v. CranstonCourt of Appeals for the Second Circuit · 1942
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Office of Supply, Government of the Republic of Korea v. New York Navigation Company, Inc.Court of Appeals for the Second Circuit · 1972
- Fireman's Ins. Co. of Newark, NJ v. Gulf Puerto Rico Lines, Inc.District Court, D. Puerto Rico · 1972
- Unilever (Raw Materials) Ltd. v. M/T Stolt BoelDistrict Court, S.D. New York · 1977
- Petroleos Mexicanos Refinacion v. M/T King a (Ex-Tbilisi)Court of Appeals for the Third Circuit · 2009
- Distribution Services, Ltd. v. Eddie Parker Interests, Inc., D/B/A New Trends, Inc.Court of Appeals for the Fifth Circuit · 1990
14 more not listed; retrieve them via the Exa API.