Luckenbach Steamship Company, Inc., Third-Party v. H. Muehlstein & Co., Inc., Third-Party Ellio Rando v. Luckenbach Steamship Company, Inc.

MOORE, Circuit Judge

(dissenting).

In my opinion the interests of orderly and expeditious trial procedure would best be served by having all issues before the court on the trial so that an appropriate judgment could then be entered upon the facts and verdict resulting therefrom.