prod.liab.rep.(cch)p 10,607 Earl R. Leonard v. Aluminum Company of America, Defendant-Third-Party v. Temple Dr. Pepper Bottling Co., Inc., Third-Party
Court of Appeals for the Third Circuit
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
Appellee Earl R. Leonard sued appellant Aluminum Company of America (Alcoa) because an aluminum cap that Alcoa had partially manufactured prematurely released from a large bottle of Dr. Pepper and forcibly struck one of his eyes. Alcoa joined appellee Temple Dr. Pepper Bottling Company, Inc. (Temple) as a third-party defendant because Temple had agreed to indemnify Alcoa against claims and expenses “arising in connection with” Temple’s use of a capping machine that Alcoa had sold Temple. Finding that the indemnity clause did not “clearly and unequivocally”…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Abalos v. Oil Development Co. of TexasTexas Supreme Court · 1976
- Ideal Lease Service, Inc. v. Amoco Production Co.Texas Supreme Court · 1983
- Spence & Howe Construction Co. v. Gulf Oil Corp.Texas Supreme Court · 1963
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- George Farias v. Bexar County Board of Trustees for Mental Health Mental Retardation ServicesCourt of Appeals for the Fifth Circuit · 1991
- prod.liab.rep.(cch)p 11,231 Earl R. Leonard v. Aluminum Company of America, Defendant-Third Party v. Temple Dr. Pepper Bottling Co., Inc., Third PartyCourt of Appeals for the Third Circuit · 1986
- Construction Investments & Consultants, Inc. v. Dresser Industries, Inc., Texas Court of Appeals, 1st District (Houston)1989
- Albert Garza and Felicita Garza, Individually and as Next Friend of Their Child, Robert Garza, a Minor v. United StatesCourt of Appeals for the Fifth Circuit · 1987
- Charles E. Beard, Inc. v. Cameronics Technology Corp.District Court, E.D. Texas · 1989
10 more not listed; retrieve them via the Exa API.