Price v. Ctb, Inc.

168 F.Supp.2d 1299 (M.D. Ala. 2001)

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Nature of the Case

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Facts

Price (P) hired Latco (D) to build a new chicken house. P alleged that the chicken house was defective and P sued D and CTB (D1). D1 equips poultry houses. P claimed a breach of contract against D, fraudulent misrepresentation of the caliber of materials to be used, and negligence and wantonness in the constructions. D moved to file a third-party complaint against ITW six months after the case had been moved to the Middle District. D alleged that ITW (D3) defectively designed the nails used in the construction of the chicken house. D sued D3 for breach of warranty, violation of Alabama’s Extended Manufacturer’s Liability Doctrine, and common law indemnity. D3 comes before the court and argues that it was improperly impleaded under Rule 14 or that the third-party complaint is barred by laches.