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ALLIED SIGNAL, INC. v. ACME SERVICE CORP.

No. 90-1194.

946 F.2d 1295 (1991)

ALLIED SIGNAL, INC., Third-Party Plaintiff-Appellant, v. ACME SERVICE CORP., Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 1, 1991.

Attorney(s) appearing for the Case

Timothy J. Abeska, Roemer & Mintz, Carmen M. Piasecki, Thomas H. Singer, South Bend, Ind., for plaintiffs.

Thomas J. Piskorski, Lawrence C. DiNardo (argued), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., Robert H. Michaud, Allied-Signal Inc., South Bend, Ind., for plaintiff-appellant.

David Cerven, Burke, Murphy, Costanza & Cuppy, East Chicago, Ind., Kathryn D. Schmidt (argued), Merrillville, Ind., for defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

This diversity of citizenship case is governed by Indiana law. The third-party defendant, Acme Service Corporation ("Acme"), provided janitorial service to the third-party plaintiff, Allied-Signal, Inc. ("Allied"). Pursuant to the service agreement, Acme agreed to indemnify Allied against all liability and costs for injury or damage arising out of the performance of the agreement and resulting in whole or in part from Acme's negligence...

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