GATES FORMED FIBRE v. IMPERIAL CAS & INDEM. CO.

Civ. No. 87-0222-P.

702 F.Supp. 343 (1988)

GATES FORMED FIBRE PRODUCTS, INC., Plaintiff, v. IMPERIAL CASUALTY AND INDEMNITY COMPANY and Plasti-Vac, Inc., Defendants.

United States District Court, D. Maine.

December 2, 1988.


Attorney(s) appearing for the Case

Stephen B. Wade, Charles H. Abbott, Auburn, Me., for plaintiff.

John S. Whitman, William W. McCandless, Jr., Portland, Me., for defendant Imperial Cas. and Idem. Co.

Robert E. Mullen, Auburn, Me., for defendant Plasti-Vac, Inc.


MEMORANDUM OF DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSE THAT A SETTLEMENT TERMINATED THE OBLIGATION TO INDEMNIFY UNDER THE POLICY

GENE CARTER, District Judge.

Gates Formed Fibre Products, Inc. ("Gates") is a Colorado corporation with a plant located in Maine. In 1985, Gates purchased from Plasti-Vac, Inc. ("PVI") a thermoforming machine to be used in Gates's manufacturing facility in Maine. In April 1986, Gates sued PVI for...

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