Mack Trucks, Inc. v. Bendix-Westinghouse Automotive Air Brake Co.

372 F.2d 18 (1966)

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Mack Trucks, Inc. v. Bendix-Westinghouse Automotive Air Brake Co.

United States Court of Appeals for the Third Circuit
372 F.2d 18 (1966)

Facts

Mack Trucks, Inc. (Mack) (plaintiff) purchased brake assemblies from Bendix-Westinghouse Automotive Air Brake Co. (Bendix) (defendant). The brake assemblies were built by Bendix in Pennsylvania, and Mack installed the brake assembles in Pennsylvania. One of the assemblies failed in a truck sold and operated in Florida, leading to an injury-causing accident. The injured person sued Mack in Florida and obtained a $13,029 judgment. Upon paying the judgment, Mack filed a satisfaction-of-judgment form entered in the court’s records on June 30, 1960. On October 10, 1963, Mack filed an action for indemnity against Bendix in Pennsylvania. Bendix asserted a statute-of-limitations defense. Relying on Pennsylvania’s choice-of-law rules, the district court applied Florida’s three-year statute of limitations that applied to indemnity claims and dismissed the suit. Mack appealed.

Rule of Law

Issue

Holding and Reasoning (Hastie, J.)

Dissent (Freedman, J.)

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