Legal Opinion
Walker Manufacturing Co. v. Dickerson, Inc.
District Court, W.D. North Carolina
Decided August 11, 1980No. A-75-114PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
WOODROW WILSON JONES, Chief Judge.
The Third-Party Defendant, The Celotex Corporation has moved pursuant to the provisions of Rule 60(b)(6), Federal Rules of Civil Procedure for an order modifying the judgment entered in this cause to reflect that said judgment is a conditional judgment for indemnity only and that no execution to collect the judgment be permitted until such time as it is demonstrated to the Court that Edwards Roofing and Sheet Metal Company has made actual payment of the judgment.
The motion was heard in Asheville on July 1,1980 and after a careful…
2Cases cited7 opinions
- Kennedy v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1907
- Heath Ex Rel. Heath v. Board of CommissionersSupreme Court of North Carolina · 1977
- Brown v. ReinkeSupreme Court of Minnesota · 1924
- Page v. MillerSupreme Court of North Carolina · 1960
- Seattle & San Francisco Railway & Navigation Co. v. Maryland Casualty Co.Washington Supreme Court · 1908
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3Cited by4 opinions
- In Re: Prudential Lines Inc.Court of Appeals for the Second Circuit · 1998
- Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n, Inc.Court of Appeals for the Second Circuit · 1998
- Seaboard Surety Co. v. Piedmont Engineering and Architects, IncCourt of Appeals for the Fourth Circuit · 1981
- Walker Manufacturing Co. v. Dickerson, IncCourt of Appeals for the Fourth Circuit · 1981