Burke v. Koch Industries
District Court, E.D. Pennsylvania
1Opinion of the Court
MEMORANDUM
CAHN, District Judge.
In this negligence action brought by a worker against Koch Industries, a manufacturing firm that had hired the plaintiff’s employer, Matlack Systems, Inc., to ship its product, Koch has filed a third-party complaint against Matlack pursuant to an indemnification agreement between them. Matlack has moved to dismiss this third-party complaint. This motion shall be denied.
I. BACKGROUND
The relevant allegations, taken to be true for the purposes of this motion to dismiss, are as follows. Curtis Burke, a citizen of Pennsylvania, was employed by Matlack Systems, Inc.…
2Cases cited21 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- Rocks v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1989
- Dilks v. Flohr ChevroletSupreme Court of Pennsylvania · 1963
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3Cited by3 opinions
- Fiske v. Church of St. Mary of the AngelsDistrict Court, W.D. New York · 1992
- Mace v. Atlantic Refining & Marketing Corp.Superior Court of Pennsylvania · 1998
- Scribner v. Mack Trucks, Inc.District Court, E.D. Pennsylvania · 1994