Mountain Pride Farms, Inc. v. Dow Chemical Co.

LASKER, District Judge.

This action arises from a fire which caused serious damage to the premises of Mountain Pride Farms, Inc. (“Mountain Pride”) on June 16,1977. One of the materials used to insulate the Mountain Pride facility was Styrofoam, made by Dow Chemical Co. (“Dow”). Mountain Pride sues Dow alleging that Dow was negligent in failing to give Mountain Pride adequate information about the flammability and burning characteristics of Styrofoam.

Dow moves to file a third party complaint against Millers Mutual Insurance Company (“Millers”) pursuant to Fed. R. Civ. Pr. 14. Dow alleges that…