I have come to this conclusion with some reluctance because the third party claim is poorly drafted and, as I have noted, it pleads both fact and argument. My conclusion stretches a “generous reading” of the pleading to the limit and there is nothing in the pleading, or in the facts, to suggest that the Hicks v. Cooper approach will be impossible. Moreover, the third party proceeding is bound to add to the cost of the litigation and cause delay.
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