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Toberman v. Copas

United States District Court for the Middle District of Pennsylvania
800 F.Supp. 1239 (M.D.Pa. 1992)


Facts

Carol and Jon Toberman (plaintiffs) filed suit against several defendants, alleging negligence and loss of consortium arising out of injuries they sustained in an automobile accident on the Pennsylvania Turnpike. One of the defendants, Richard Menendez (defendant), filed a third party suit against Timothy Swarthout and St. Johnsbury Trucking Company. The third-party defendants filed a motion to dismiss or, in the alternative, for a more definite statement, relying on F.R.Civ.Pro. 12(b)(1) and 12(b)(6). They argued that the court lacked jurisdiction over the third party claims.

Rule of Law

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Issue

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Holding and Reasoning (Rambo, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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