Legal Opinion

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

Decided September 8, 1989No. 1318, Docket 89-7110PublishedCited by 257 opinions

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

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Allen v. WrightSupreme Court of the United States · 1984
  3. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  4. Deakins v. MonaghanSupreme Court of the United States · 1988
  5. Asarco Inc. v. KadishSupreme Court of the United States · 1989

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3Cited by257 opinions

  1. Hirsch v. Arthur Andersen & Co.Court of Appeals for the Second Circuit · 1995
  2. McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
  3. William C. Feinstein v. Resolution Trust Corporation, Etc.Court of Appeals for the First Circuit · 1991
  4. Mediators, Inc. v. Manney (In re Mediators, Inc.)Court of Appeals for the Second Circuit · 1997
  5. Bankr. L. Rep. P 75,517 Kalb, Voorhis & Co. v. American Financial CorporationCourt of Appeals for the Second Circuit · 1993

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