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BUCHALTER v. LEVIN

Docket No. 30587.

252 Cal.App.2d 367 (1967)

60 Cal. Rptr. 369

SOL S. BUCHALTER, as Administrator With the Will Annexed, etc., et al., Cross-complainants and Appellants, v. M.H. LEVIN, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

July 6, 1967.

Attorney(s) appearing for the Case

Mazirow & Schneider and Arthur Mazirow for Cross-complainants and Appellants.

Charles L. Lippitt for Cross-defendant and Respondent.

HERNDON, J.

Cross-complainants appeal from the judgment entered in respondent's favor following a nonjury trial of their cross-action seeking recovery under an indemnity agreement for attorneys' fees incurred in defense of the primary action. In essence, the determinative question presented by this appeal is the following:

Is the indemnitee under the terms of the indemnity agreement here involved entitled as a matter of law to recover from the indemnitor the...

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