Coates v. Ctb, Inc.

173 F.Supp.2d 1200 (2001)

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Nature of the Case

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Facts

Coates (P) brought suit in Alabama state court against Latco, Inc. D, and others, stating claims for breach of contract, fraud, negligence, wantonness, and intentional interference with business relations, from the allegedly faulty construction of a chicken house. Ds removed the lawsuit to federal court under §§ 1332, 1441. After removal, D, as a third-party plaintiff, impleaded third-party defendants Illinois Tool Works, Inc. (ITW) and J & S Tool and Fastener (J & S), two corporations that allegedly supplied some of the tools and material used in the construction of the chicken house. D alleges that the chicken houses had leaky roofs, which were caused by defective nails and nail guns manufactured by ITW and sold to D by J & S. D asserts a number of state-law claims, including common-law indemnity, against ITW and J & S. ITW contends that the third-party complaint is improper under Rule 14, in that no sustainable allegation of contribution or indemnity has been made, and, that the complaint is untimely. ITW has moved to dismiss the third party complaint.