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IN THE CIRCUIT COURT OF THE {
NINETEENTH JUDICIAL CIRCUIT, ,
IN-AND FOR SAINT LUCIE COUNTY,
STATE OF FLORIDA.
CASE NO.: 78-144 CA
VIRGINIA BLUSHER, etc., et al,
Plaintiff,
vs.
FLORIDA EAST COAST RAILWAY COMPANY,
et al, .
Defendants/Third Party Plaintiffs, .
vs.
CLYDE CALDWELL,
Third Party Defendant.
O R D E R
THIS CAUSE came on to be heard at a Pre-Trial Conference
held on May 27, 1980. In addition to other motions, two
specific motions were presented for ruling which concern the
legal rights and obligations as between Clyde Caldwell and
Florida East Coast Railway Company. One of these two motions
was Clyde Caldwell's Motion to Dismiss the Florida East Coast
Railway Company's Amended Third Party Complaint for contribution
and indemnification. The second of these two motions was
a Motion to Sever the FEC Railway Company's Counterclaim for
property damage against Clyde Caldwell from the Plaintiff's
wrongful death claim against FEC Railway Company. After giving
consideration to the merits of said two motions, having
entertained argument of counsel in support of their respective
positions, and having otherwise been fully advised in the
premises, it is,
ORDERED AND ADJUDGED as follows;
(1) Clyde Caldwell's Motion to Dismiss the FEC Railway
Company's Amended Third Party Complaint is hereby granted.
BatiKe)t)J PAGE
BRENNAN, McALILEY, NAYSKAR 6 McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER DR., FORT PIERCE, FLA. 33450