St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-Party
Court of Appeals for the Second Circuit
1Opinion of the Court
MESKILL, Circuit Judge:
This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Duffy, J, pursuant to Fed.R.Civ.P. 54(b) dismissing defendant-third-party plaintiff-appellant PepsiCo, Inc.’s (PepsiCo) third-party complaint against third-party defendant-appellee Banner Industries, Inc. (Banner). PepsiCo’s complaint sought damages for losses it suffered when it became liable on bonds it guaranteed as a surety on behalf of its wholly owned subsidiary, Lee Way Motor Freight, Inc. (Lee Way). These bonds were drawn in favor of plaintiff St.…
2Cases cited45 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Allen v. WrightSupreme Court of the United States · 1984
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Deakins v. MonaghanSupreme Court of the United States · 1988
- Asarco Inc. v. KadishSupreme Court of the United States · 1989
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3Cited by257 opinions
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- McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
- William C. Feinstein v. Resolution Trust Corporation, Etc.Court of Appeals for the First Circuit · 1991
- Mediators, Inc. v. Manney (In re Mediators, Inc.)Court of Appeals for the Second Circuit · 1997
- Bankr. L. Rep. P 75,517 Kalb, Voorhis & Co. v. American Financial CorporationCourt of Appeals for the Second Circuit · 1993
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