Crocker-Citizens National Bank v. United States

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

Having been sued by the heirs of a fatally injured employee of McDonnell Douglas, the United States brought this third-party indemnity action against McDonnell Douglas to recover amounts it may have to expend in satisfying the employee’s judgment. The parties had contracted for the construction of a rocket engine to be used in the NASA program, but the contract does not contain an express indemnity provision. McDonnell Douglas moves for a judgment on the pleadings, contending that the United States has no right to indemnity absent an express…