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GRUMMONS v. ZOLLINGER

No. 14679.

341 F.2d 464 (1965)

Ember W. GRUMMONS, d/b/a Atlantic Trailer Sales, to his own use and the use of Liberty Mutual Insurance Company, and Liberty Mutual Insurance Company, Plaintiffs-Appellants, v. Adolphus Y. ZOLLINGER and Bernice Zollinger, partners, d/b/a Zollinger Trailer Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 5, 1965.

Attorney(s) appearing for the Case

Gilmore S. Haynie, David B. Keller, and Campbell, Livingston, Dildine & Haynie, Fort Wayne, Ind., for appellants.

Roland Obenchain, Jr., Douglas D. Seely, Jr., and Jones, Obenchain, Johnson, Ford & Pankow, South Bend, Ind., for appellees.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

This was an action for indemnity. The defendants Adolphus Y. Zollinger and Bernice Zollinger, partners, doing business as Zollinger Trailer Company, manufactured and sold a trailer to plaintiff Ember W. Grummons, doing business as Atlantic Trailer Sales, a retailer in New York State, who took delivery of the trailer in Elkhart, Indiana. Mr. Grummons resold the trailer in New York State to Mr. and Mrs. Walter G. Fotch. Prior to selling the trailer...

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