Tennessee River Pulp and Paper Company, Third-Party v. Eichleay Corporation and Miller Electric Co., Third-Party

PHILLIPS, Senior Circuit Judge.

The question presented on this appeal is whether a third-party indemnity action against an employer, based upon an express contract of indemnity, is barred by the “exclusive remedy” provision of the Tennessee Workers’ Compensation Act. Jurisdiction is based upon diversity of citizenship. Tennessee law controls. Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

District Judge Odell Horton held that the action is barred by the Tennessee statute, T.C.A. § 50-6-108, and dismissed appellants’ third party complaint. We affirm on authority of the…