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Gargis v. B. F. Goodrich Co.

UNITED STATES COURT OF APPEALS THIRD CIRCUIT.


December 11, 1967

JASPER A. GARGIS
v.
THE B. F. GOODRICH COMPANY, A CORPORATION, APPELLANT. ARTHUR E. SIEGEL, ADMINISTRATOR OF THE ESTATE OF FRANK HENRY PONIEWAZ, A/K/A FRANK HENRY PONZE, DECEASED, V. GEORGE R. SLANEY AND CONTINENTAL TRANSPORTATION LINES, INCORPORATED, GEORGE R. SLANEY, APPELLANT.

Before HASTIE, FREEDMAN and VAN DUSEN, Circuit Judges.

Opinion OF THE COURT

Per Curiam.

Appellants in these personal injury actions contend that the District Court orders denying their motions to join as parties plaintiff subrogee insurance companies which paid undisclosed amounts (payable under the Pennsylvania Workmen's Compensation Act) to plaintiffs are contrary to F.R.Civ.P. 17(a). We disagree with appellants that either the terms of F.R.Civ.P. 17(a) or United States v. Aetna Casualty & Surety Co., 338 U.S. 366, 70 S. Ct. 207, 94 L. Ed. 171 (1949), require this result on the record in these cases.*fn1 For the reasons stated in the orders of the District Court, among others,*fn2 those orders will be affirmed.


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