National Can Co. v. Vinylex Corp.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

Plaintiff National Can Company (“National”) brought a six-count complaint against defendant Vinylex Corporation (“Vinylex”). The dispute between the parties arose from National’s purchase from Vinylex of an allegedly defective product. Jurisdiction is proper under 28 U.S.C. sec. 1332. Before the Court is Vinylex’s motion to dismiss Count VI of the complaint, in which National asserts a claim for implied indemnity premised on strict liability in tort. For the reasons set forth below, the motion is granted.

BACKGROUND

National manufactures…