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STEWART & FOULKE, INC. v. ROBERTSHAW CONTROLS COMPANY

No. 24976.

397 F.2d 971 (1968)

STEWART & FOULKE, INC., et al., Appellants, v. ROBERTSHAW CONTROLS COMPANY and Dearborn Stove Company (Now Chancellor Corporation), Appellees.

United States Court of Appeals Fifth Circuit.

July 12, 1968.

Attorney(s) appearing for the Case

Robert A. Gwinn, Dallas, Tex., Gus Sacopulos, Terre Haute, Ind., for appellants.

William N. Hamilton, John W. Copeland, Dallas, Tex., for appellees.

Before RIVES, BELL, and GOLDBERG, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

This is an appeal from an action for indemnity based on breach of implied warranty by a retailer, Stewart & Foulke, Inc., appellant herein, against a stove manufacturer, Chancellor Corporation, and the manufacturer of a component part thereof, Robertshaw Controls Company. The action is to satisfy two Indiana judgments obtained against Stewart & Foulke through settlement agreements by the purchaser of a gas stove who was injured...

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