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TOZAR v. PHILCO CORPORATION

No. 11633.

226 F.2d 959 (1955)

Walter TOZAR v. PHILCO CORPORATION, Appellant (OLIVER B. CANNON & SON, Inc., Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided November 16, 1955.

Attorney(s) appearing for the Case

Michael A. Foley, Philadelphia, Pa., for appellant.

Lynn L. Detweiler, Philadelphia, Pa. (Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

Walter Tozar brought an action against the Philco Corporation for personal injuries suffered through the alleged negligence of an employee of Philco. Philco joined as third party defendant Oliver B. Cannon & Son, Inc. who were painting contractors doing work on Philco's premises. Philco settled with Tozar. At this stage of the litigation Philco seeks indemnity against Cannon by virtue of a contract and a release executed by Cannon which, Philco says...

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