Legal Opinion

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

Decided August 2, 1985No. 84-1467PublishedCited by 15 opinions

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

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  3. Abalos v. Oil Development Co. of TexasTexas Supreme Court · 1976
  4. Ideal Lease Service, Inc. v. Amoco Production Co.Texas Supreme Court · 1983
  5. Spence & Howe Construction Co. v. Gulf Oil Corp.Texas Supreme Court · 1963

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3Cited by15 opinions

  1. George Farias v. Bexar County Board of Trustees for Mental Health Mental Retardation ServicesCourt of Appeals for the Fifth Circuit · 1991
  2. 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
  3. Construction Investments & Consultants, Inc. v. Dresser Industries, Inc., Texas Court of Appeals, 1st District (Houston)1989
  4. 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
  5. Charles E. Beard, Inc. v. Cameronics Technology Corp.District Court, E.D. Texas · 1989

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