FRANKLIN STAINLESS CORP. v. MARLO TRANSPORT CORP.

No. 82-2011.

748 F.2d 865 (1984)

FRANKLIN STAINLESS CORPORATION, a New York corporation, Appellee, v. MARLO TRANSPORT CORPORATION, a New Jersey corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 14, 1984.


Attorney(s) appearing for the Case

Joseph D. Roberts, Arlington, Va., (Slenker, Brandt, Jennings & Johnston, Arlington, Va., on brief) for appellant.

Fred C. Alexander, Jr., Fairfax, Va., (Boothe, Prichard & Dudley, Fairfax, Va., on brief), for appellee.

Before RUSSELL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

The principal issue in this appeal is whether Franklin Stainless Corp. is entitled to indemnity or to contribution from Marlo Transportation Corp. for damages Franklin paid to the victims of a collision between a truck carrying Franklin cargo and an automobile. The district court awarded Franklin indemnity. Concluding that contribution is appropriate, we vacate the judgment and remand the case for further proceedings.

I

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