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Home / Opinion Digests / Civil Procedure – Default Judgment – Third- Party Plaintiff – Set-Aside Factors (access required)

Civil Procedure – Default Judgment – Third- Party Plaintiff – Set-Aside Factors (access required)

In this litigation in which plaintiff machine production company has sued the maker of gear boxes it purchased for incorporation into its machines, the district court denies defendant gear-box maker's motion to dismiss plaintiff's claim for indemnity. Plaintiff seeks damages for breach of contract and indemnification from defendant. Although defendant claims plaintiff has failed to allege ...