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STIFLE v. MARATHON PETROLEUM CO.

No. 88-2294.

876 F.2d 552 (1989)

Danny STIFLE, Plaintiff-Appellee, v. MARATHON PETROLEUM COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. INSULATING & MATERIALS CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 1989.

Rehearing Denied June 26, 1989.

Attorney(s) appearing for the Case

John Ewart, Craig & Craig, Mattoon, Ill., for defendant-third-party plaintiff-appellant.

Thomas Crosby, Winters Brewster Murphy Crosby & Patchett, Marion, Ill., D. Kendall Griffith, Bruce L. Carmen, Hinshaw Culbertson Moelmann Hoban & Fuller, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, CUDAHY and MANION, Circuit Judges.

CUMMINGS, Circuit Judge.

In this diversity action defendant and third-party plaintiff Marathon Petroleum Company appeals the district court's dismissal of its third-party complaint against Insulating & Materials Corporation. Chief Judge Foreman determined that an indemnity agreement between Insulating & Materials and Marathon was not applicable in a suit claiming that Marathon negligently caused job-related injuries to plaintiff Danny Stifle, an Insulating...

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