Union Paving Co. To Use of United States Cas. Co. v. Thomas (United States Cas. Co., Third-Party Defendants)

McLAUGHLIN, Circuit Judge. •

This .is an appeal from the dismissal of a third-party complaint which the District Court held did not set out a cause of action.

Prior to the present litigation one Down-ey had recovered a personal injury judgment against Union Paving Company. That judgment was affirmed by this court in Downey v. Union Paving Company, 3 Cir., 184 F.2d 481. Thereafter, Union Paving Company sued appellants for indemnification of its loss in the Downey ac tion under an alleged agreement 1 between it and appellants. 2 The latter brought in appellee as a third-party defendant, alleging…