ROANOKE CEMENT CO., L.L.C. v. FALK CORP.

No. 04-2047.

413 F.3d 431 (2005)

ROANOKE CEMENT COMPANY, L.L.C., Plaintiff-Appellant, v. FALK CORPORATION; Hamilton Sundstrand Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 2005.


Attorney(s) appearing for the Case

ARGUED: James William Logan, Jr., Logan, Jolly & Smith, L.L.P., Anderson, South Carolina, for Appellant. Michael James Garnier, Garnier & Garnier, P.C., Falls Church, Virginia, for Appellees. ON BRIEF: James W. Barkley, Elisabeth M. Ayyildiz, Morin & Barkley, Charlottesville, Virginia, for Appellant. Jean-Pierre Garnier, Garnier & Garnier, P.C., Falls Church, Virginia, for Appellees.

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.


Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

OPINION

WILKINSON, Circuit Judge.

In this diversity action we must decide whether appellant is entitled to indemnification for losses associated with the failure of a machine part that appellee helped manufacture. We hold that the contract contained no clause requiring such indemnification. We therefore affirm the judgment of the district...

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