Waldinger Co. v. P & Z CO., INC.

DENNEY, District Judge.

This matter comes before the Court upon the motion of third party defendant, Omaha-Douglas Public Building Commission, to dismiss the third party complaint brought by the City of Omaha [Filing # 35].

Plaintiff, Waldinger Company, Inc., instituted this action on January 16, 1976, against P & Z Company, Inc., Metropolitan Utilities District of Omaha, and City of Omaha, alleging negligence proximately resulting in the collapse of a slurry trench wall which surrounded the Omaha-Douglas Civic Center. On May 8, 1976, defendant, City of Omaha, filed its third party complaint…