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1. At common law, a procedural device by which a defendant may give notice of suit to a third party who may be liable over to the defendant on the subject matter of the suit, so that the third party will be bound by the court’s decision. • Although this device has been largely replaced by third-party practice, it remains available under the Federal Rules of Civil Procedure. Humble Oil & Refining Co. v. Philadelphia Ship Maintenance Co., 444 F.2d 727, 735 (3d Cir. 1971). [Cases: Federal Civil Procedure 281; Parties 49. C.J.S. Parties § 127.]

2. The invitation of a person who is liable to a defendant in a lawsuit to intervene and defend so that, if the invitation is denied and the defendant later sues the person invited, the latter is bound by any determination of fact common to the two lawsuits. See UCC § 2-607. [Cases: Indemnity 40, 79.]


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