WESTINGHOUSE ELEC. CORP. v. W. VA. DEPT. OF HIGHWAYS

Nos. 87-2107, 87-2108.

845 F.2d 468 (1988)

WESTINGHOUSE ELECTRIC CORPORATION, a Corporation, Plaintiff-Appellant, v. The WEST VIRGINIA DEPARTMENT OF HIGHWAYS, a Corporation, Defendant-Appellee (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided May 2, 1988.


Attorney(s) appearing for the Case

William T. Holmes (Alfred J. Lemley, Furbee, Amos, Webb & Critchfield, Fairmont, W.Va., on brief), for plaintiff-appellant.

John Andrew Smith (Kay, Casto & Chaney, Charleston, W.Va., on brief), for defendant-appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


JAMES DICKSON PHILLIPS, Circuit Judge:

This third-party claim for indemnity or contribution against the West Virginia Department of Highways was filed by Westinghouse Electric Corp., a Pennsylvania corporation, as defendant in a diversity tort action arising out of an accident that occurred on a West Virginia state highway. Westinghouse alleged that the Department of Highways had negligently marked the portion of highway on which the accident occurred and that this...

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