Pennsylvania R. v. Lattavo Bros.

JONES, Chief Judge.

This action arises out of a collision of one of defendant Lattavo’s tractor-trailer units with one of plaintiff’s trains. Plaintiff has joined defendant Fidelity as the liability insurer of Lattavo.

Defendants have moved to strike from the complaint all reference to Fidelity and to dismiss Fidelity as a party herein for the reason that the complaint fails to state a claim against Fidelity upon which relief may be granted. Plaintiff contends that Fidelity is properly joined under Rules 18 (b) and 20(a), Rules of Civil Procedure, 28 U.S.C.A.

Rule 18(a), as defendant points out,…