Magnavox Co. of Tennessee v. Boles & Hite Construction Co.

OPINION

FRANKS, Judge.

Appellant, Boles & Hite Construction Company, filed a motion in the trial court pursuant to T.R.C.P., Rule 60.02, to set aside a judgment which it had paid. Subsequently, appellant filed an answer and, upon consideration of the motion, the Chancellor overruled the motion and struck the answer. Appellant has appealed the denial of relief.

Following the accidental death of an employee of appellant’s sub-contractor in 1967, a wrongful death action was filed against appellee and the Johnson City Power Board whereupon Magnavox, on February 20, 1969, brought this suit against…