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WALKER MFG. CO. v. DICKERSON, INC.

No. A-75-114.

510 F.Supp. 329 (1980)

WALKER MANUFACTURING COMPANY, a division of Tenneco, Inc., Plaintiff, v. DICKERSON, INCORPORATED and Seaboard Surety Company, a corporation, Defendants and Third-Party Plaintiffs, v. PIEDMONT ENGINEERING AND ARCHITECTS, INC., also, d/b/a Piedmont Engineers and Architects; Edwards Roofing and Sheet Metal Company, a corporation also d/b/a Edwards Sheet Metal Company; and the Celotex Corporation, Third-Party Defendants.

United States District Court, W. D. North Carolina, Asheville Division.

August 11, 1980.

Attorney(s) appearing for the Case

Whyte & Hirschboeck by Victor M. Harding, Milwaukee, Wis., McGuire, Wood, Erwin & Crow by James P. Erwin, Jr., Asheville, N. C., for plaintiff Walker Manufacturing Co.

Helms, Mulliss & Johnston by Robert B. Cordle, E. O. Ayscue, Jr., Charlotte, N. C., Dawkins & Glass by Koy E. Dawkins, Monroe, N. C., for defendants and third-party plaintiffs Dickerson, Incorporated and Seaboard Surety Co.

Craighill, Rendleman & Clarkson by James B. Craighill, Charlotte, N. C., for Piedmont Engineering and Architects, Inc.

Griffin & Humphries by James E. Griffin, Monroe, N. C., for Edwards Roofing and Sheet Metal Co.

Fairley, Hamrick, Monteith & Cobb by S. Dean Hamrick, Charlotte, N. C., for The Celotex Corp.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

The Third-Party Defendant, The Celotex Corporation has moved pursuant to the provisions of Rule 60(b)(6), Federal Rules of Civil Procedure for an order modifying the judgment entered in this cause to reflect that said judgment is a conditional judgment for indemnity only and that no execution to collect the judgment be permitted until such time as it is demonstrated to the Court that Edwards Roofing...

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