Legal Opinion

Chicago & N. W. R. Co. v. Chicago Packaged Fuel Co.

Court of Appeals for the Seventh Circuit

Decided September 11, 1950No. 10125PublishedCited by 24 opinions

1Opinion of the Court

KERNER, Circuit Judge.

Plaintiff appeals from an order granting defendant’s motion to dismiss and dismissing its complaint for judgment under an indemnity agreement on the ground that the complaint did not state a claim on<. which relief could be granted for the reason that the liability against which indemnity was demanded was caused solely by plaintiff’s negligence which was not covered by the contract on which the claims was based.

According to the allegations of the complaint, the parties entered into a contract in October, 1947, a copy of which was attached to the complaint, licensing…

2Cases cited5 opinions

  1. Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
  2. Westinghouse Electric Elevator Co. v. LaSalle Monroe Building Corp.Illinois Supreme Court · 1946
  3. Carroll v. Morrison Hotel CorporationCourt of Appeals for the Seventh Circuit · 1945
  4. Publicity Building Realty Corporation v. HanneganCourt of Appeals for the Eighth Circuit · 1943
  5. Russell ex rel. Continental Casualty Co. v. Shell Oil Co.Appellate Court of Illinois · 1949

3Cited by24 opinions

  1. Sol A. Dann, John H. Neville and Louise A. Turek v. Studebaker-Packard Corporation, Harold E. Churchill, Hugh J. Ferry, and A. J. PortaCourt of Appeals for the Sixth Circuit · 1961
  2. The Marmon Group, Inc. v. Rexnord, Inc.Court of Appeals for the Seventh Circuit · 1987
  3. Peterson Steels, Inc. v. SeidmonCourt of Appeals for the Seventh Circuit · 1951
  4. Gay v. S. N. Nielsen Co.Appellate Court of Illinois · 1958
  5. Fire Association of Phila. v. Allis Chalmers Mfg. Co.District Court, N.D. Iowa · 1955

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