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DEWALD v. MINSTER PRESS COMPANY

No. 73-1615.

494 F.2d 795 (1974)

Nellie DEWALD et al., Plaintiffs, v. MINSTER PRESS COMPANY, Defendant-Third Party Plaintiff-Appellant, v. ROSS OPERATING VALVE COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 11, 1974.

Attorney(s) appearing for the Case

Jay M. Smyser, Chicago, Ill., for appellant; Buell Doelle, Vandeveer, Doelle, Garzia, Tonkin & Kerr, Detroit, Mich., on brief.

Paul A. Rosen, John A. Kruse, Detroit, Mich., for appellees; Goodman, Eden, Millender, Goodman & Bedrosian, on briefs, Detroit, Mich., for Nellie Dewald and David Dewald.

Harvey, Kruse & Westen, John A. Kruse, Detroit, Mich., for Ross Operating Valve Co.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Chief Judge.

This unusual case concerns third-party practice, Rule 14, Fed.R.Civ.P. The question presented is whether, in an action for indemnity, a third-party defendant is bound necessarily by a directed verdict against the defendant and third-party plaintiff in the principal action.

Minster Press Company, the defendant and third-party plaintiff, appeals from a judgment in a product liability case entered on separate jury verdicts. Jurisdiction...

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