Facts

Price, the π and a chicken farmer, hired Latco to build a new chicken house for him.

• π alleged that the structure was defective and sued multiple ∆s, including Latco, in the below action concerning the quality of workmanship when it constructed chicken houses for various Alabama farmers.

π's causes of action against Latco include breach of contract, fraudulent misrepresentation of the caliber of materials to be used, and negligence and wantonness in the construction.

Latco filed a third-party action against ITW, inter alios, approximately 6 months after the case had been removed to the District Court.

In the 3rd Party complaint, Latco alleged that ITW, a nail manufacturer, defectively designed the nails used in the construction of the chicken houses.

• Specific causes of action:

  • Breach of Warranty

  • Violation of Alabama's Extended Manufacturer's Liability Doctrine

  • Common Law Indemnity

In response, ITW argued that it was improperly impleaded under FRCP 14, or, alternatively, that the Third Party Complaint was barred by the Doctrine of Laches.