Legal Opinion
Poling Transportation Corp. v. United States
District Court, E.D. New York
Decided April 30, 1985No. 83 CV 1392PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
McLAUGHLIN, District Judge.
Two separate, though related, actions are pending before this court: 1) a personal injury action by Gordon Wilson against the United States, No. 83 CV 2631; and 2) an action by Poling Transportation Corp. against the United States for indemnity. The United States now moves to dismiss the second action for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and plaintiff— Poling — cross-moves to consolidate the second action with the first because of common questions. Fed.R.Civ.P. 42(a). For the reasons developed below, defendant’s motion to dismiss…
2Cases cited9 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Musco v. ConteAppellate Division of the Supreme Court of the State of New York · 1964
- United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
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3Cited by2 opinions
- Commonwealth Insurance v. Thomas A. Greene & Co.District Court, S.D. New York · 1989
- Creel v. CrimCourt of Civil Appeals of Alabama · 2001