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GARLAND v. TENNESSEE VALLEY AUTHORITY

Nos. 02-5096, 02-5097, 02-5098, 02-5216.

336 F.3d 455 (2003)

Horace GARLAND; Martha Garland, Plaintiffs, Triangle Enterprises, Inc., Third-Party Defendant-Appellant, v. TENNESSEE VALLEY AUTHORITY, Defendant/Third-Party Plaintiff-Appellee. J. Paul Carneal; Mary Carneal, Plaintiffs, Tennessee Valley Authority, Third-Party Defendant-Appellee, Badham Insulation Company; Brauer Supply Company, Defendants, v. Triangle Enterprises, Inc., Defendant/Third-Party Plaintiff-Appellant, Owens Corning Fiberglas Corporation, Defendant. Frances Dee Hall, individually and as Executrix of the Estate of Burl R. Hall, Plaintiff, v. Owens Corning Fiberglas Corporation, et al., Defendants, Triangle Enterprises, Inc., Defendant/Third-Party Plaintiff-Appellant, v. Tennessee Valley Authority, Third-Party Defendant-Appellee. Ronnie D. Bean, Plaintiff, Triangle Enterprises, Inc., Defendant/Third-Party Plaintiff-Appellant, v. Owens Corning Fiberglas Corporation, Defendant, Tennessee Valley Authority, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 9, 2003.

Attorney(s) appearing for the Case

Kathy P. Holder (argued and briefed), Robert L. Steinmetz (briefed), Joseph B. Myers, Jr. (briefed), Frost, Brown & Todd, Kenneth L. Sales, Sales, Tillman & Walbaum, Louisville, KY, for Appellant.

Edwin W. Small, (argued and briefed), Thomas A. Robins (briefed), Tennessee Valley Authority, Knoxville, TN, for Appellee.

Before MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.

OPINION

SCHWARZER, Senior District Judge.

Third-party Triangle Enterprises, Inc. ("Triangle") appeals from the dismissal of its third-party complaints for indemnity against third-party defendant Tennessee Valley Authority ("TVA"). In the four underlying cases, consolidated on appeal, the plaintiffs asserted that they were injured as a result of exposure to asbestos and alleged claims for damages based on strict liability, negligence, and breach of implied...

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