Civ. A. No. 74-1049. December 16, 1976. Jamieson, McCardell, Moore, Peskin Spicer by Randolph D. Norris, Trenton, N.J., for defendant-third-party plaintiff. Schneider, Cohen Solomon by Bruce Brafman, Jersey City, N.J., for third-party defendant International Union of Operating Engineers. OPINION CLARKSON S. FISHER, District Judge. This matter comes before this Court on third-party defendant's motion for summary judgment pursuant to F.R.Civ.P. 56. The action was instituted by the plaintiff who was