Chase v. Pope

NEESE, District Judge.

This is a damage action based on diversity of citizenship, in which, inter alia, the third-party plaintiff Pope seeks contribution or indemnification from each of the third-party defendants for any amount or amounts of damages and costs which may be adjudged herein against the defendant Pope in favor of either or any of the plaintiffs on the theory that any negligence of Pope in the premises was merely passive while the negligence of the third-party defendants was active. Each third-party defendant seeks a summary judgment in the third-party action on the ground, inter…