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POSEY v. UNION CARBIDE CORP.

No. 78-1035.

507 F.Supp. 39 (1980)

Milford Wendell POSEY, Jr. et al., Plaintiffs, v. UNION CARBIDE CORPORATION et al., Defendants. UNION CARBIDE CORPORATION, Defendant and Third-Party Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Fidelity & Guaranty Insurance Underwriters, Inc., and First State Insurance Company, Third-Party Defendants.

United States District Court, M. D. Tennessee, Columbia Division.

December 30, 1980.

Attorney(s) appearing for the Case

Hugh T. Shelton, Jr. and James T. DuBois, Columbia, Tenn., for third-party plaintiff and defendant Union Carbide.

John K. Maddin, Jr. and James E. Zwickel, Nashville, Tenn., for third-party defendant First State Ins. Co.

William S. Fleming, Columbia, Tenn., for third-party defendant USF&G.

Frank K. Dale, Columbia, Tenn., for defendant and third-party plaintiff, Union Carbide Corp.

MEMORANDUM

WISEMAN, District Judge.

In this products liability action, third-party defendants, insurors of the unnamed employer of the deceased, move for summary judgment against third-party plaintiff, Union Carbide Corporation [Union Carbide]. The case arises out of the death of Milford Wendell Posey, an employee of Maury Steel, Inc. [Maury Steel], who died while working on the construction of a roof at a Union Carbide plant. The heirs of Posey have sued...

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