NORTHEAST SOLITE CORPORATION, a Virginia corporation, Plaintiff,
v.
UNICON CONCRETE, LLC, a Delaware corporation, Defendants,
and
Unicon Concrete, LLC, Third-Party Plaintiff,
v.
Solite Corporation, Third-Party Defendant,
and
Solite Corporation, Counter-claimant,
v.
Unicon Concrete, LLC, Counter-defendant.
United States District Court, M.D. North Carolina.https://leagle.com/images/logo.png
April 10, 1999.
April 10, 1999.
Attorney(s) appearing for the Case
Charles William McIntyre, Jr., Laura R. White, McGuire Woods Battle & Boothe, L.L.P., Richmond, VA, Kurt E. Lindquist, II, Fred M. Wood, Jr., Stephen R. Calkins, McGuire Woods Battle & Boothe, LLP, Charlotte, NC, for Northeast Solite Corporation, a Virginia corporation, plaintiff.
Mark Alan Jones, Vernon Vernon Wooten Brown Andrews & Garrett, P.A., Burlington, NC, Alfred Ferrer, III, Eaton & Van Winkle, New York City, for Unicon Concrete, LLC, a Delaware corporation, defendant.
Mark Alan Jones, Vernon Vernon Wooten Brown Andrews & Garrett, P.A., Burlington, NC, Alfred Ferrer, III, Eaton & Van Winkle, New York City, for Unicon Concrete, LLC, third-party plaintiff.
Mark S. Brennan, Sr., Wright Robinson Osthimer & Tatum, Richmond, VA, for Solite Corporation, a Virginia Corporation, third-party defendant.
Mark S. Brennan, Sr., Wright Robinson Osthimer & Tatum, Richmond, VA, for Solite Corporation, counter-claimant.
Mark Alan Jones, Vernon Vernon Wooten Brown Andrews & Garrett, P.A., Burlington, NC, Alfred Ferrer, III, Eaton & Van Winkle, New York City, for Unicon Concrete, LLC, counter-defendant.
United States District Court, M.D. North Carolina.
MEMORANDUM OPINION
BULLOCK, District Judge.
Now before the court is Third-Party Defendant Solite Corporation's ("Solite") motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In its motion to dismiss, Solite asserts that Third-Party Plaintiff Unicon Concrete, LLC ("Unicon") may not seek indemnity or contribution for any damages resulting from Unicon's intentional misconduct and, alternatively, that Solite cannot be...
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