Adkinson v. International Harvester Co.

KING, Circuit Judge:

This diversity case comes to us on certified interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), from an order denying Harlo Products Corporation’s motion for summary judgment. In this appeal, we are asked one question: Would the Mississippi Supreme Court supplement the state’s commercial code — particularly the provisions dealing with recovery for breach of the implied warranty of merchantability — with principles of contribution and indemnity? Because we conclude that in a case such as this the Mississippi court would supplement its commercial code and apply…