Avemco Insurance Company, and Lynn U. Goodfellow v. Cessna Aircraft Company

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Avemeo Insurance Company appeals from dismissal of its action against Cessna Aircraft Company for indemnity and contribution. These claims arose from Avemco’s settlement of a claim against its insured, owner and pilot of a Cessna aircraft, to a passenger injured in an airplane crash. The district court held that Avemco’s action was barred as an untimely compulsory counterclaim which should have been asserted in prior litigation against the insured. Avemeo appeals the district court’s order contending that, for purposes of the compulsory…