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CALKINS v. LORAIN DIVISION OF KOEHRING

No. 3424-II.

26 Wn. App. 206 (1980)

613 P.2d 143

DALE CALKINS, Plaintiff, v. LORAIN DIVISION OF KOEHRING CO., ET AL, Defendants, MITCHELL BROS. CRANE DIVISION, INC., Appellant, ROY T. EARLEY COMPANY, Respondent.

The Court of Appeals of Washington, Division Two.

May 23, 1980.

Attorney(s) appearing for the Case

Stephen P. Ryder and John F. Kennedy, for appellant.

Duane Tewell and David A. Shaw, for respondent.

PEARSON, J.

Mitchell Brothers Crane Division, Inc. (Mitchell), appeals the dismissal of its third-party indemnity action arising out of its lease of a crane to the Roy T. Earley Company (Earley). The dispositive issue is whether the lease's indemnity provision encompassed Mitchell's liability arising out of the defective condition of the crane. We affirm the dismissal, finding the clause did not indemnify Mitchell for liability incurred due to its lease of an improperly...

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