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D'ONOFRIO v. SUN OIL COMPANY

No. 13974.

277 F.2d 543 (1960)

William Q. D'ONOFRIO, Appellant, v. SUN OIL COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

April 14, 1960.

Attorney(s) appearing for the Case

Donald P. Traci, Cleveland, Ohio (Craig Spangenberg of Spangenberg, Hasenflue & Shibley, Cleveland, Ohio, on the brief), for appellant.

H. Stephen Madsen, Cleveland, Ohio (Albert J. Williams, Baker, Hostetler & Patterson, Cleveland, Ohio, on the brief), for appellee.

Before MARTIN, MILLER and WEICK, Circuit Judges.

PER CURIAM.

This case involves the construction of an indemnity clause contained in a Dealer's Agreement entered into between appellee, Sun Oil Company and appellant, a filling station operator who was the Dealer in said agreement.

The clause is as follows:

12. Indemnification. Dealer hereby agrees to protect, indemnify and save harmless the Company from any and all losses, damages, claims, suits or costs which shall rise or grow out of any injury...

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