Leaver v. K. & L. Box & Lumber Co.

KERRIGAN, District Judge.

This is a motion by the defendant and the Eby Machinery Company to permit the machinery company to intervene in the case as a third party defendant. The plaintiffs do not contest the right of the machinery company to intervene, but point out that on the face of the motion an intention is disclosed to file a counterclaim or cross-complaint, setting up matters not legally connected with the case made by the bill and unavailable to the defendant. They therefore urge that, if leave to intervene he granted, it should be duly limited. This presents the same question which…