Legal Opinion

Joseph Drake v. Treadwell Construction Company, and Third-Party v. United States of America, Third-Party

Court of Appeals for the Third Circuit

Decided February 15, 1962No. 13591_1PublishedCited by 17 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

This litigation began as a diversity-suit in which the plaintiff, Joseph Drake, an employee of the United States, sued the principal defendant, Treadwell Construction Co., for negligent injury suffered when a steel expansion tank, manufactured by Treadwell for the United States, exploded while Drake and others were testing ordnance at a government arsenal. Treadwell then brought the United States into the suit by filing a third-party claim against the government for indemnity or contribution.

The trial of the principal claim resulted in a finding that the tank had been…

2Cases cited12 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  3. United States v. Yellow Cab Co.Supreme Court of the United States · 1951
  4. Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp.Supreme Court of the United States · 1952
  5. Smither and Company, Inc. v. Franciska T. ColesCourt of Appeals for the D.C. Circuit · 1957

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3Cited by17 opinions

  1. Jerome S. Murray v. United StatesCourt of Appeals for the D.C. Circuit · 1968
  2. Wallenius Bremen G. M. B. H., Owner of the M/v Martha v. United StatesCourt of Appeals for the Fourth Circuit · 1969
  3. Charles H. Blanchard, D/B/A Blanchard Construction Co. v. St. Paul Fire and Marine Insurance Company, Charles H. Blanchard, D/B/A Blanchard Construction Co. v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1965
  4. The Travelers Insurance Company and Branden-Aermotor Corporation, Successor of Aermotor, Inc. v. The United States of AmericaCourt of Appeals for the Third Circuit · 1974
  5. Salvatore A. Galimi v. Jetco, Inc., and Richard Moore, Jetco, Inc., Third-Party v. James Hodges, Third-Party and United States of America, Third-PartyCourt of Appeals for the Second Circuit · 1975

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