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McPHERSON v. CLEVELAND PUNCH & SHEAR CO.

Nos. 86-3022, 86-3023.

816 F.2d 249 (1987)

Thomas E. McPHERSON and Cheryl McPherson, Plaintiffs, v. CLEVELAND PUNCH & SHEAR COMPANY, Defendant/Third Party Plaintiff-Appellee, Cross-Appellant, Joy Manufacturing Company, Third Party Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1987.

Attorney(s) appearing for the Case

Thomas H. Barnard (argued), David J. Somrak, Squire, Sanders & Dempsey, Cleveland, Ohio, for appellant-cross-appellee.

Orville L. Reed, III, James M. Lyons, Jr. (argued), Buckingham, Doolittle & Burroughs, Akron, Ohio, for appellee, cross-appellant.

Before KENNEDY, Circuit Judge, CELEBREZZE, Senior Circuit Judge, and SPIEGEL, District Judge.

CORNELIA G. KENNEDY, Circuit Judge.

Cleveland Punch & Shear Company ("Cleveland Punch") appeals the dismissal of its third-party complaint against Joy Manufacturing Company ("Joy") in this diversity action based on Ohio law. The District Court held that Cleveland Punch was not entitled to contribution from Joy, the employer of the original plaintiff, Thomas McPherson, even if Joy's intentional tortious conduct proximately...

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