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CHASE v. POPE

Civ. A. No. 1855.

247 F.Supp. 110 (1965)

Leon CHASE, Mattie Lois Chase, and Stacy Chase, a minor, by his next friend Leon Chase, Plaintiffs, v. R. G. POPE, doing business as R. G. Pope Construction Company, Defendant and Third-Party Plaintiff, v. W. J. PARKER and Kathryn Mulder, co-administrators of the Estate of Billy Joe Rowland, deceased, Nathan A. Mulder and Adolph W. Radle, Jr., Third-Party Defendants.

United States District Court E. D. Tennessee, Northeastern Division.

October 15, 1965.

Attorney(s) appearing for the Case

Arnett & Draper, Knoxville, Tenn., and Reid, Strickland, Gillette & Ramsey, Baytown, Tex., Foster D. Arnett, Knoxville, Tenn., of counsel, for plaintiffs.

Simmonds, Bowman & Herndon, Johnson City, Tenn., C. T. Herndon, III, Johnson City, Tenn., of counsel, for defendant and third-party plaintiff.

Wilson, Worley & Gamble, Kingsport, Tenn., H. E. Wilson, Kingsport, Tenn., of counsel, for third-party defendants Parker and Kathryn Mulder.

Milligan, Silvers & Coleman, Greeneville, Tenn., S. J. Milligan, Greeneville, Tenn., of counsel, for third-party defendant Nathan Mulder.

Phillips & Hale, Rogersville, Tenn., W. B. Hale, Jr., Rogersville, Tenn., of counsel, for third-party defendant Radle.

NEESE, District Judge.

This is a damage action based on diversity of citizenship, in which, inter alia, the third-party plaintiff Pope seeks contribution or indemnification from each of the third-party defendants for any amount or amounts of damages and costs which may be adjudged herein against the defendant Pope in favor of either or any of the plaintiffs on the theory that any negligence of Pope in the premises was merely passive while the negligence of...

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