Legal Opinion

Michael J. Guidry v. Kem Manufacturing Company, Drackett Products Company, Defendants-Third Party v. Kem Manufacturing Company, Third Party

Court of Appeals for the Third Circuit

Decided October 9, 1979No. 77-1492PublishedCited by 22 opinions

ON PETITION FOR REHEARING

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The application for rehearing suggests two alleged errors of law in our original opinion. We have fully reconsidered each issue.

Rule 49(a) does not contemplate that the jury will decide issues of law but will return “a special written finding upon each issue of fact.” It is patent that no question on the special verdict directly inquired about contribution and that the issue of contribution as a matter of law was not submitted to the jury. It is also clear that the fact issues submitted to the jury were framed with the legal claim for indemnity in mind. However,…

2Cited by22 opinions

  1. Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
  2. Burger King Corp. v. MasonCourt of Appeals for the Eleventh Circuit · 1983
  3. Auwood v. Harry Brandt Booking Office, Inc.Court of Appeals for the Second Circuit · 1988
  4. Harold E. Alverez, Cross-Appellee v. J. Ray McDermott & Co., Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1982
  5. Dwayne E. Nance, and Fireman's Fund Insurance Company, Intervenor-Appellee v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1987

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