Gersich v. London & Lancashire Indemnity Co.

STONE, District Judge.

The third-party defendant, Edward Gersich,. filed his motion herein to dismiss the third-party complaint, upon the ground that there is no diversity of citizenship between the plaintiffs and the third-party defendant.

The authorities are somewhat divided as to whether a third-party proceeding is an ancillary proceeding to the main action.

In this proceeding the third-party plaintiffs seek contribution from the third-party defendant in the event plaintiffs recover against the defendants and third-party plaintiffs. If the said motion to dismiss is granted, then a second…