Danny Stifle v. Marathon Petroleum Company, Defendant-Third-Party v. Insulating & Materials Corporation, Third-Party

CUMMINGS, Circuit Judge.

In this diversity action defendant and third-party plaintiff Marathon Petroleum Company appeals the district court’s dismissal of its third-party complaint against Insulating & Materials Corporation. Chief Judge Foreman determined that an indemnity agreement between Insulating & Materials and Marathon was not applicable in a suit claiming that Marathon negligently caused job-related injuries to plaintiff Danny Stifle, an Insulating & Materials employee, and also alleging Marathon’s violation of the Illinois Structural Work Act. The court later refused to allow Marathon…