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BURKE v. KOCH INDUSTRIES

Civ. A. No. 89-7841.

744 F.Supp. 677 (1990)

Curtis M. BURKE and Alma S. Burke, h/w, Plaintiffs, v. KOCH INDUSTRIES, Defendant and Third-Party Plaintiff, v. MATLACK SYSTEMS, INC., Third-Party Defendant.

United States District Court, E.D. Pennsylvania.

August 27, 1990.

Attorney(s) appearing for the Case

John J. Spreicher, Rhoda, Stoudt & Bradley, Reading, Pa., for Burke, plaintiffs.

Daniel B. Huyett, David R. Beane, Stevens & Lee, Reading, Pa., for Koch Industries, defendant and third-party plaintiff.

William R. Hourican, Manta & Welge, Philadelphia, Pa., for Matlack Systems, Inc., third-party defendant.

MEMORANDUM

CAHN, District Judge.

In this negligence action brought by a worker against Koch Industries, a manufacturing firm that had hired the plaintiff's employer, Matlack Systems, Inc., to ship its product, Koch has filed a third-party complaint against Matlack pursuant to an indemnification agreement between them. Matlack has moved to dismiss this third-party complaint. This motion shall be denied.

I. BACKGROUND

The relevant allegations...

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