Palmer v. Lanac Realty Co.
Palmer v. Lanac Realty Co.
Opinion of the Court
This case arises upon plaintiffs’ motions to vacate the order allowing the third-party complaints and also to strike off pleadings in two death actions. The gist of plaintiffs’ complaints is that the accident and injuries which caused the death of the respective decedents were due to the negligence of the agents of the defendant, Lanac Realty Company, Inc.
The reason for plaintiffs’ motions is that the third-party complaints would introduce new and separate causes of action between defendant and the additional defendant, resulting in delay, inconvenience and prejudice to plaintiffs’ trial.
We believe the motions to vacate or to strike the third-party complaints are improper here. Kravas v. Great A. & P. Tea Co., D.C.W.D.Pa.1939, 28 F.Supp. 66. Motions for separate trials under Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C., would seem to this court as being more appropriate in these actions. See 5 Moore’s Federal Practice, 2d Ed., § 42.03. The allowing of such
Accordingly, plaintiffs’ motions will be denied.
. Diversity is the sole basis for this court’s jurisdiction over the subject matter of the actions.
Reference
- Full Case Name
- PALMER v. LANAC REALTY CO., Inc. GIBBONS v. LANAC REALTY CO., Inc.
- Status
- Published