DeVore Brokerage Co. v. Goodyear Tire & Rubber Co.

MEMORANDUM AND ORDER

FRANK GRAY, Jr., District Judge.

This action for contribution or indemnity arose out of a wrongful death action *280in the United States District Court for the Southern District of Alabama. In the Alabama action, judgment was entered, on a compromise, against DeVore Brokerage Company, Inc. (defendant there, plaintiff here), which judgment was paid by DeVore’s insurer, Liberty Mutual Insurance Company. In the present action the insurer, Liberty, causes its insured, DeVore, to act as its use plaintiff against the defendant Goodyear Tire & Rubber Company, which was not before the…