BORDEN CHEMICAL, INC. v. JAHN FOUNDRY CORPORATION

No. 04-P-138.

64 Mass. App. Ct. 638 (2005)

BORDEN CHEMICAL, INC. v. JAHN FOUNDRY CORPORATION.

Appeals Court of Massachusetts, Hampden.

September 29, 2005.


Attorney(s) appearing for the Case

Prentice H. Marshall, Jr., of Illinois (Charles K. Bergin, Jr., with him) for the plaintiff.

John J. McCarthy for the defendant.

Present: Greenberg, Smith, & Gelinas, JJ.


SMITH, J.

Borden Chemical, Inc. (Borden), the third-party plaintiff in a personal injury action, appeals from a summary judgment entered in favor of Jahn Foundry Corporation (Jahn), the third-party defendant, on Borden's claim that Jahn was contractually bound to indemnify Borden, pursuant to a provision in Borden's invoices, for liabilities and costs incurred by Borden in connection with Jahn's use of Borden's product, a resin known as Durite. The judge ruled that...

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