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Legal Opinion

Niece v. Sears, Roebuck & Co.

District Court, N.D. Oklahoma

Decided November 14, 1968No. Civ. 68-C-50PublishedCited by 22 opinions

1Opinion of the Court

ORDER

DAUGHERTY, District Judge.

Sears as Third-Party Plaintiff alleges alternative causes of action against Westinghouse, the Third-Party Defendant in the Third-Party Complaint. Westinghouse has moved to Dismiss the Third-Party Complaint. In the first cause of action, apparently under a theory of indemnity, Sears states that any injury to Plaintiff was caused by the sole negligence of Westinghouse, and if Plaintiff recovers a judgment from Sears because of such negligence, then Westinghouse is liable to Sears. The second cause of action is based on Westinghouse’s alleged breach of its contract…

2Cases cited6 opinions

  1. Porter v. Norton-Stuart Pontiac-Cadillac of EnidSupreme Court of Oklahoma · 1965
  2. Huggins v. GravesDistrict Court, E.D. Tennessee · 1962
  3. Staples v. Central Surety & Ins. CorporationCourt of Appeals for the Tenth Circuit · 1932
  4. Chamberlain v. McClearyDistrict Court, E.D. Tennessee · 1963
  5. La Ferry v. Ajax Truck RentalsDistrict Court, E.D. Tennessee · 1958

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Sylvester H. Peck v. Cliff Hoff, Deputy Warden, Classification BoardCourt of Appeals for the Eighth Circuit · 1981
  2. White v. WhiteSupreme Court of North Carolina · 1979
  3. Hunt v. HuntSouth Dakota Supreme Court · 1981
  4. Levinsky v. DiamondSupreme Court of Vermont · 1982
  5. McCasland v. PratherNew Mexico Court of Appeals · 1978

17 more not listed; retrieve them via the Exa API.

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