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National Super Markets, Inc. v. Tucker Housewares, Inc. Angelo Santino

Citations: 16 F.3d 1228; 1994 WL 5670; 1994 U.S. App. LEXIS 8617Docket: 93-2328

Court: Court of Appeals for the Eighth Circuit; January 10, 1994; Federal Appellate Court

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After settling a negligence lawsuit with the Engles for $355,000, National Super Markets, Inc. sought contribution or indemnity from Angelo Santino and Tucker Housewares, claiming they were also liable to the Engles. The district court granted summary judgment in favor of Santino and Tucker, leading to National's appeal.

The original lawsuit involved the Engles suing National for damages due to a collapsed storage bin. As part of their settlement, a release agreement was executed, allowing the Engles to pursue claims against other tortfeasors, including Tucker, while National retained rights against Tucker and others involved in distributing the bins.

Subsequently, the Engles sued Tucker, who settled for $150,000, executing a release that absolved Tucker and other tortfeasors from further liability. National's lawsuit for contribution and indemnity was subsequently filed, but Chief District Judge Edward L. Filippine found that National's claims, both contractual and non-contractual, were without merit.

The Eighth Circuit Court of Appeals reviewed the case and found no errors in the district court's decision, affirming the summary judgment in favor of Santino and Tucker.