JAMES v. GETTY OIL CO. (EAST. OPERATIONS)


472 A.2d 33 (1983)

Carolyn R. JAMES, Widow and Executrix of the Estate of Herschel E. James, Jr., Plaintiff, v. GETTY OIL COMPANY (EASTERN OPERATIONS), INC., a Delaware corporation, Defendant and Third-Party Plaintiff, v. CATALYTIC, INC., a Delaware corporation, Third-party Defendant. GETTY OIL COMPANY (EASTERN OPERATIONS), INC., a Delaware corporation, and Getty Refining & Marketing Co., a Delaware corporation, Plaintiffs, v. CATALYTIC, INC., a Delaware corporation, Defendant. Caroline M. HEIM, Widow of Edward F. Heim, and John T. Pucylowski, Executor of the Estate of Edward F. Heim, Plaintiffs, v. KOPPERS COMPANY, INC., a Delaware corporation, Defendant, and GETTY OIL COMPANY, a Delaware corporation, Defendant and Third-Party Plaintiff, v. CATALYTIC, INC., a Delaware corporation, Third-Party Defendant.

Superior Court of Delaware, New Castle County.

Decided: October 7, 1983.

On Motion for Reargument and Reconsideration January 4, 1984.


Attorney(s) appearing for the Case

William F. Taylor, Ben T. Castle, and Anthony G. Flynn, of Young, Conaway, Stargatt & Taylor, Wilmington, for Getty.

Richard K. Herrmann, of Bayard, Brill & Handelman, P.A., and Susan C. Del Pesco, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Catalytic.


O'HARA, Judge.

The instant case is a consolidation of several actions, all of which involve a dispute between Getty Refining and Marketing Co. ("Getty") and Catalytic, Inc. ("Catalytic") concerning an indemnity clause included in a contract between Getty Oil Company (Eastern Operations), Inc., predecessor to Getty, and Catalytic.

Article VII of the Delaware Refinery Maintenance Contract ("Contract"), which covers the...

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