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MARTINDALE v. GETTY REFINING & MARKETING CO.

Civ. A. No. 79-586.

510 F.Supp. 188 (1981)

Thomas H. MARTINDALE, III, and Linda J. Martindale, Plaintiffs, v. GETTY REFINING AND MARKETING COMPANY, a corporation of the State of Delaware, Defendant and Third-Party Plaintiff, v. CATALYTIC, INC., Third-Party Defendant.

United States District Court, D. Delaware.

March 23, 1981.

Attorney(s) appearing for the Case

F. Alton Tybout, and Colin M. Shalk, of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for plaintiffs.

Ben T. Castle, and Anthony G. Flynn, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for defendant and third-party plaintiff.

Richard K. Herrmann, of Bayard, Brill & Handelman, P.A., Wilmington, Del., for third-party defendant.

OPINION

STEEL, Senior District Judge:

On September 26, 1979, Thomas H. Martindale, III, plaintiff, was injured while working on the premises of a Delaware refinery owned by the Getty Refining and Marketing Co. ("Getty"). Plaintiff, an employee of Catalytic, Inc. ("Catalytic"), was working pursuant to a maintenance contract between Getty and Catalytic for the maintenance and repair of Getty's refinery. Plaintiff brought suit against Getty alleging negligence...

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