Holly Sugar Corp. v. Union Supply Co.

This is an action seeking a dismissal on the merits of a third-party complaint brought by the Union Supply Company (Union) as third-party plaintiff, against the Holly Sugar Corporation (Holly) as third-party defendant. The district court dismissed the third-party complaint without prejudice on purely procedural grounds. The court of appeals, however, ruled that the trial court had erred in dismissing Union’s third-party action against Holly. 38 Colo. App. 435, 561 P.2d 355 (1976). We reverse the judgment of the court of appeals.

Holly is a New York corporation with its principal place of…