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SW (DELAWARE), INC. v. AMERICAN CONSUMERS, ETC.

450 A.2d 887 (1982)

SW (DELAWARE), INC., d/b/a SW Industries, Inc., a Delaware corporation, and B. T. R., Inc., a Delaware corporation, Defendants and Third Party Plaintiffs Below, Appellants, v. AMERICAN CONSUMERS INDUSTRIES, INC., Third Party Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 30, 1982.

Attorney(s) appearing for the Case

Morton Richard Kimmel and Michael Weiss (argued) of Kimmel & Spiller, P. A., Wilmington, for defendants and third party plaintiffs below, appellants.

B. Wilson Redfearn and Colin M. Shalk (argued) of Tybout, Redfearn, Casarino & Pell, Wilmington, for third party defendant below, appellee.

Before HERRMANN, Chief Justice, QUILLEN and HORSEY, Justices.

HORSEY, Justice:

In this product liability third-party claim, the manufacturer of an allegedly defective machine seeks indemnification from the machine's purchaser for any damages awarded the purchaser's employee for personal injury sustained while operating the machine. The manufacturer's successors (collectively referred to as "SW"), defendants and third party plaintiffs below, appeal Superior Court's grant of the employer's, American Consumer Industries, Inc. ...

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