No. 90-8007, 5 F.3d 546 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Appellants seek reversal of a decision of the district court dismissing their third-party indemnity complaint against appellees Holland Hitch Company and Rissler & McMurry Company. Earlier this year, this court considered the exact same issue raised here in the companion to this appeal. See Horowitz v. Schneider Nat'l, Inc., 992 F.2d 279, 280 (10th Cir. 1993). In Horowitz, we reversed the district court judgment, determining that dismissal of the third-party complaint was improper. Id. at 282.

After the Horowitz opinion was filed, this court entered an order directing the parties to show cause why Horowitz is not dispositive of this appeal. The court has now received responses to that order. The parties agree that Horowitz is dispositive. Consequently, we adopt the reasoning of that opinion here. The decision of the United States District Court for the District of Wyoming is REVERSED, and the matter is REMANDED for further proceedings consistent with this court's opinion in Horowitz v. Schneider National, Inc., 992 F.2d 279 (10th Cir. 1993).