Henry C. Beck Company v. Fort Wayne Structural Steel Company, and Martin, Incorporated

PELL, Circuit Judge.

In this diversity case, the plaintiff, Henry C. Beck Co. (Beck), and defendant Fort Wayne Structural Steel Co. (FWSS), appeal from the district court’s dismissal of Beck’s claim and FWSS’s cross-claim against Martin, Inc. (Martin) for indemnification. Beck and FWSS seek indemnification for amounts paid a Martin employee in settlement of the employee’s damage suit against Beck. The primary issues on appeal are whether the claim and cross-claim are barred by either the statute of frauds or the exclusive remedy provision of the Indiana Workmen’s Compensation Act.

I. FACTS

Beck,…