Legal Opinion

Childers v. Eastern Foam Products, Inc.

District Court, N.D. Georgia

Decided March 3, 1982No. Civ. A. No. C81-62RPublishedCited by 3 opinions

1Opinion of the Court

ORDER

HAROLD L. MURPHY, District Judge.

In this diversity action, plaintiffs seek to recover for defendant’s alleged strict liability in tort, common law negligence, and breach of warranty. Before the Court is the motion of defendant Eastern Foam Products, Inc. (“Eastern”) to dismiss or in the alternative, to join State Farm Fire and Casualty Insurance Company (“State Farm”) as a party.

On December 16, 1979, a fire swept through the Tunnel Hill, Georgia, warehouse of plaintiff Childers, in which the remaining plaintiffs stored carpet and carpet materials, including foam carpet padding…

2Cases cited28 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. Lubbock Feed Lots, Inc., and Lockney Cooperative Gin v. Iowa Beef Processors, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. Marvin Dudley v. Gilbert P. SmithCourt of Appeals for the Fifth Circuit · 1975
  4. City Stores Company v. Lerner Shops of District of Columbia, Inc.Court of Appeals for the D.C. Circuit · 1969
  5. Gladys Hall Hamrick Smith, Individually and as of the Estate of Bethel T. Smith, Deceased v. State Farm Fire and Casualty CompanyCourt of Appeals for the Fifth Circuit · 1980

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3Cited by3 opinions

  1. Keesecker v. BirdWest Virginia Supreme Court · 1997
  2. Reliance Insurance Co. of Illinois, Inc. v. Richfield Hospitality Services, Inc.District Court, N.D. Georgia · 2000
  3. Flynn v. Thermacell Repellents, Inc.District Court, M.D. Florida · 2025

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