HAYNES v. KLEINEWEFERS AND LEMBO CORP.

No. 134, Docket 90-7381.

921 F.2d 453 (1990)

Ronald HAYNES and Keisha Haynes, Plaintiffs, v. KLEINEWEFERS AND LEMBO CORPORATION, Defendants. LEMBO CORPORATION, Third-Party-Plaintiff, v. KALEX CHEMICAL PRODUCTS, INC., Third-Party-Defendant. KALEX CHEMICAL PRODUCTS, INC., Fourth-Party-Plaintiff-Appellee, v. W.R. GRACE AND CO., Fourth-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 21, 1990.


Attorney(s) appearing for the Case

Michael F. Close, New York City (Barry, McTiernan & Moore, New York City, of counsel), for fourth-party-defendant-appellant.

Steven B. Prystowsky, New York City (Eric A. Portuguese, Lester Schwab Katz & Dwyer, New York City, of counsel), for fourth-party-plaintiff-appellee.

Before KAUFMAN, WINTER and MINER, Circuit Judges.


MINER, Circuit Judge:

W.R. Grace and Co.-Conn. ("Grace"),1 fourth-party-defendant-appellant, appeals from a summary judgment entered in the United States District Court for the Eastern District of New York (Korman, J.), dismissing its counterclaim against fourth-party-plaintiff-appellee Kalex Chemical Products, Inc. ("Kalex"). In its counterclaim, Grace sought indemnification from Kalex for sums...

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