C.H. BABB CO., INC. v. A.M. MANUFACTURING CO.


14 Mass. App. Ct. 291 (1982)

438 N.E.2d 385

C.H. BABB CO., INC. vs. A.M. MANUFACTURING COMPANY.

Appeals Court of Massachusetts, Worcester.

August 4, 1982.


Attorney(s) appearing for the Case

L. James Miller for C.H. Babb Co., Inc.

David D. Dowd for A.M. Manufacturing Company.

Present: BROWN, PERRETTA, & KASS, JJ.


PERRETTA, J.

Kalil Bakery, Inc. (Kalil), brought an action against Babb for damages arising out of its purchase of allegedly defective bakery machinery from Babb, which in turn, caused a complaint for indemnification to be served upon the manufacturer, A.M. Manufacturing Company (A.M.). See Mass.R.Civ.P. 14(a), 365 Mass. 760 (1974). A.M., a nonresident, moved to dismiss Babb's third-party complaint under Mass.R.Civ.P. 12(b) (2), 365 Mass. 755 (1974). The motion was...

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