Fruit Growers Co-op. v. California Pie & Baking Co.

MOSCOWITZ, District Judge.

This is a motion by defendant under Rule 14 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for leave to add various railroad companies as third party defendants. It appears that the plaintiff, pursuant to agreement, shipped certain cherries to defendant in New York, shipment being f.o.b. Sturgeon Bay, Wisconsin. The cherries admittedly arrived in bad condition and, when defendant refused to pay the balance of the purchase price, plaintiff brought this suit. Defendant now seeks to join the railroads over which the goods were shipped, in…