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NIECE v. SEARS, ROEBUCK & CO.

Civ. No. 68-C-50.

293 F.Supp. 792 (1968)

Warren NIECE, a minor, by and through Jim Niece, his father and next friend, and Jim Niece, individually, Plaintiffs, v. SEARS, ROEBUCK & CO., Defendant and Third-Party Plaintiff, v. WESTINGHOUSE ELECTRIC CORPORATION, Third-Party Defendant.

United States District Court N. D. Oklahoma.

November 14, 1968.

Attorney(s) appearing for the Case

Thomas R. Brett, of Hudson, Wheaton & Brett, Tulsa, Okl., for plaintiff.

David R. Milsten, of Milsten, Milsten & Morehead, Tulsa, Okl., for defendant and third-party plaintiff.

Donald G. Hopkins, of Rucker & Tabor, Tulsa, Okl., for third-party defendant.

ORDER

DAUGHERTY, District Judge.

Sears as Third-Party Plaintiff alleges alternative causes of action against Westinghouse, the Third-Party Defendant in the Third-Party Complaint. Westinghouse has moved to Dismiss the Third-Party Complaint. In the first cause of action, apparently under a theory of indemnity, Sears states that any injury to Plaintiff was caused by the sole negligence of Westinghouse, and if Plaintiff recovers a judgment from Sears because...

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