ESCHBACH, Circuit Judge.
LTV Steel Company, Inc., ("LTV") brought an action against Northwest Engineering & Construction and J. Hilding Johnson ("Northwest") in federal court under 28 U.S.C. § 1332 (diversity) to collect funds owed on an indemnity agreement. LTV appeals the district court's grant of Northwest's motion for summary judgment and denial of LTV's partial motion for summary judgment,
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