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TORPEY v. INTERSTATE EQUIPMENT LEASING CORP.

No. 84-1919.

760 F.2d 364 (1985)

Dennis TORPEY, et al., Plaintiffs, v. INTERSTATE EQUIPMENT LEASING CORPORATION, INC., Third-Party Plaintiff, Appellant, v. GEORGE A. CALDWELL, CO., INC., Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 22, 1985.

Attorney(s) appearing for the Case

Stephen M.A. Woodworth, Boston, Mass., with whom Francis J. Lynch, III, and Francis J. Lynch, J.D., P.C., Brockton, Mass., were on brief, for Interstate Equipment Leasing Co., Inc.

Gerald J. Caruso, Boston, Mass., with whom Cuddy, Lynch, Sikora & Cunningham, Boston, Mass., Paul F. Wynn, Marylin A. Beck, and Wynn & Wynn, Taunton, Mass., were on brief, for George A. Caldwell Co., Inc.

Before COFFIN, Circuit Judge, ALDRICH and ROSENN, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is an appeal from the granting of a motion for summary judgment by a third party defendant. We reverse.

Dennis Torpey, an employee of appellee George A. Caldwell Co., Inc., was injured in the course of his employment because of an allegedly defective "air bag" supplied to it by appellant Interstate Equipment Leasing Co. Caldwell had acquired the bag under the following circumstances. Not having any, but needing one...

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