District Court, E.D. Pennsylvania December 8, 1961, Civ. A. No. 29243 (Sherman v. Ulmer)

JOSEPH S. LORD, III, District Judge.

The Pennsylvania Turnpike Commission (Commission), which is here as a third-party defendant, asks us to dismiss the third-party complaint. The basis for the motion to dismiss is the language of the Pennsylvania statute, the “Pennsylvania Turnpike, Philadelphia Extension Act”, 36 P.S. § 653, et seq.