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TENNESSEE RIVER PULP & PAPER CO. v. EICHLEAY CORP.

No. 82-5103.

708 F.2d 1055 (1983)

TENNESSEE RIVER PULP AND PAPER COMPANY, Third-Party Plaintiff-Appellant, v. EICHLEAY CORPORATION and Miller Electric Co., Third-Party Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Joe D. Spicer, Robert D. Flynn (argued), Holt, Batchelor, Spicer & Ryan, Memphis, Tenn., for third-party plaintiff-appellant.

King W. Rogers, Steven B. Crain, Glankler, Brown, Gilliland, Chase, Robinson & Raines, Memphis, Tenn., for Eichleay.

John I. Houseal, Jr. (argued), Gary Smith (argued), Shuttleworth, Smith, Sabbatini & Leach, Memphis, Tenn., for Miller Elec.

Before LIVELY and CONTIE, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

The question presented on this appeal is whether a third-party indemnity action against an employer, based upon an express contract of indemnity, is barred by the "exclusive remedy" provision of the Tennessee Workers' Compensation Act. Jurisdiction is based upon diversity of citizenship. Tennessee law controls. Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

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