Legal Opinion

Burke v. Koch Industries

District Court, E.D. Pennsylvania

Decided August 27, 1990No. Civ. A. 89-7841PublishedCited by 3 opinions

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

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. Perry v. PayneSupreme Court of Pennsylvania · 1907
  4. Rocks v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1989
  5. Dilks v. Flohr ChevroletSupreme Court of Pennsylvania · 1963

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3Cited by3 opinions

  1. Fiske v. Church of St. Mary of the AngelsDistrict Court, W.D. New York · 1992
  2. Mace v. Atlantic Refining & Marketing Corp.Superior Court of Pennsylvania · 1998
  3. Scribner v. Mack Trucks, Inc.District Court, E.D. Pennsylvania · 1994

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