Legal Opinion

O'Neill v. American Export Lines, Inc.

District Court, S.D. New York

Decided January 9, 1946PublishedCited by 5 opinions

1Opinion of the Court

MANDELBAUM, District Judge.

By an ex-parte order, American Chain & Cable Co., Inc., was impleaded as a third-party defendant and served with a third-party summons and complaint.

American Chain & Cable Co., Inc., hereafter called American Chain, seeks to vacate the ex-parte order and dismiss the summons and complaint on the ground that there is a misjoinder of parties and causes of action, and that Rule 14(a) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, which covers third-party practice, does not apply to the situation here presented.

All the pleadings can be…

2Cases cited5 opinions

  1. Burris v. American Chicle Co.Court of Appeals for the Second Circuit · 1941
  2. Brown v. CranstonCourt of Appeals for the Second Circuit · 1942
  3. Bohn v. American Export Lines, Inc.District Court, S.D. New York · 1941
  4. Greenleaf v. Huntingdon & B. T. M. R. & Coal Co.District Court, E.D. Pennsylvania · 1942
  5. Carbola Chemical Co. v. TrundleDistrict Court, S.D. New York · 1943

3Cited by5 opinions

  1. Kelly v. Pennsylvania R.District Court, E.D. Pennsylvania · 1948
  2. Quiles v. City of New YorkDistrict Court, S.D. New York · 2013
  3. Marshall v. Navco, Inc.District Court, S.D. Texas · 1957
  4. Pabellon v. Grace Line, Inc.District Court, S.D. New York · 1951
  5. Pyzynski v. New York Cent. R.District Court, W.D. New York · 1946

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