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LEONARD v. ALUMINUM CO. OF AMERICA

No. 84-1467.

767 F.2d 134 (1985)

Earl R. LEONARD, Plaintiff-Appellee, v. ALUMINUM COMPANY OF AMERICA, Defendant-Third-Party Plaintiff-Appellant, v. TEMPLE DR. PEPPER BOTTLING CO., INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 1985.

Attorney(s) appearing for the Case

Mayor, Day & Caldwell, Michael O. Connelly, Robert M. Roach, Jr., Houston, Tex., for defendant-third-party plaintiff-appellant.

Robert J. Hanley, Waco, Tex., for Albertson's Inc.

Williams, Pattillo & Squires, Rod S. Squires, Dale D. Williams, Waco, Tex., for E. Leonard.

Cowles, Sorrells, Patterson & Thompson, P.C., David M. Macdonald, Michael W. Huddleston, Dallas, Tex., for Temple Dr. Pepper Bottling Co., Inc.

Before RUBIN, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellee Earl R. Leonard sued appellant Aluminum Company of America (Alcoa) because an aluminum cap that Alcoa had partially manufactured prematurely released from a large bottle of Dr. Pepper and forcibly struck one of his eyes. Alcoa joined appellee Temple Dr. Pepper Bottling Company, Inc. (Temple) as a third-party defendant because Temple had agreed to indemnify Alcoa against claims and expenses "arising in connection with" Temple...

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