CUMBERLAND CORP. v. E. I. DuPONT de NEMOURS AND CO.

Civ. A. No. 6334.

383 F.Supp. 595 (1973)

CUMBERLAND CORPORATION v. E. I. DuPONT de NEMOURS AND COMPANY v. KUSAN, INC.

United States District Court, E. D. Tennessee, S. D.

October 19, 1973.


Attorney(s) appearing for the Case

David A. Dycus, Shumacker & Thompson, Chattanooga, Tenn., for plaintiff.

James W. Gentry, Jr., Witt, Gaither, Abernathy & Wilson, Chattanooga, Tenn., for defendant.

Thomas S. Kale, Spears, Moore, Rebman & Williams, Chattanooga, Tenn., for third-party defendant.


MEMORANDUM and ORDER

FRANK W. WILSON, Chief Judge.

This is a products liability case in which Cumberland Corporation seeks to recover over against Kusan, Inc., the E. I. du Pont de Nemours and Company (DuPont) for direct and consequential damages arising out of the use of DuPont polyethylene in certain milk cartons or cases that were manufactured by Cumberland. It is alleged that as a result of DuPont's failure to include an ultraviolet inhibitor in the...

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