Burns v. N & L Realty Corp.

GOURLEY, Chief Judge.

This is a motion of Missouri, Kansas and Texas Railroad, a corporation, third-party defendant, to strike portions of third-party complaint which allege sole liability and predicate the right of re*204covery upon an indemnification agreement.

Jurisdiction is based on diversity of citizenship and jurisdictional amount. Since the operative facts occurred in Pennsylvania, the substantive law of Pennsylvania governs. Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477; Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188.

For purposes of…