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Civil Procedure Keyed to Yeazell
Price v. CTB, Inc
Facts
Defendants were the original defendants in an action by the Plaintiff, John Price (Plaintiff), concerning the quality of its workmanship when the constructed various chicken houses for Alabama farmers. Defendants moved to file a Third Party Complaint against ITW on February 21, 2001, approximately six months after the case had been removed to the Middle District of Alabama. It failed in its attempt to properly serve ITW until July 19 because it did not name the appropriate agent for service. In the Third Party Complaint, Defendants alleged that ITW, a nail manufacturer, defectively designed the nails used in the construction of the chicken houses. ITW argued that it was improperly impleaded under FRCP Rule 14, or, alternatively, that the Third Party Complaint was barred by the equitable doctrine of laches.
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