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GLOBE INDEMNITY COMPANY v. AGWAY, INC.

No. 71-1130.

456 F.2d 472 (1972)

GLOBE INDEMNITY COMPANY, Appellant, v. AGWAY, INC.

United States Court of Appeals, Third Circuit.

Decided March 2, 1972.

Attorney(s) appearing for the Case

Joseph J. Murphy, Murphy, Veldorale, Dougherty & Katevatis, Philadelphia, Pa. (John F. Dougherty, Jr., Robert J. Murphy, Philadelphia, Pa., on the brief), for appellant.

Francis E. Marshall, Marshall, Dennehey & Warner, Philadelphia, Pa. (Edward R. Murphy, John W. Walter, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, MARIS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

MARIS, Circuit Judge.

The question presented on this appeal is whether the district court erred in holding the plaintiff's present action for indemnity barred by a prior judgment awarding this plaintiff contribution on a cross claim in a negligence action which had been brought under the Pennsylvania Wrongful Death and Survival Acts against the assignor of the present plaintiff by the administrator of a deceased employee of the predecessor...

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