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UNION PAVING CO. v. THOMAS

No. 10245.

186 F.2d 172 (1951)

UNION PAVING CO. to Use of UNITED STATES CAS. CO. v. THOMAS et al. (UNITED STATES CAS. CO. et al., third-party defendants).

United States Court of Appeals Third Circuit.

Decided January 2, 1951.

Attorney(s) appearing for the Case

Edwin S. Heins, Philadelphia (Raspin, Espenshade & Heins, Philadelphia, Pa., on the brief), for appellants.

Walter B. Gibbons, Philadelphia, Pa. for appellees.

Before ALBERT LEE STEPHENS, MARIS and McLAUGHLIN, Circuit Judges.

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 Downey 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...

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