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PETERS v. LYONS

No. 53394.

168 N.W.2d 759 (1969)

Steve D. PETERS, Plaintiff, v. Fae LYONS and S. S. Kresge Company, a Michigan Corporation, Defendants. Fae LYONS' ESTATE, Cross Plaintiff-Appellee-Cross Appellant, v. S. S. KRESGE COMPANY, a Michigan Corporation, Defendant-Appellant-Cross Appellee. WESTERN FIRE INSURANCE COMPANY, FORT SCOTT, KANSAS, Intervenor-Appellee-Cross Appellant, v. S. S. KRESGE COMPANY, a Michigan Corporation, Defendant and Cross Defendant-Appellant-Cross Appellee.

Supreme Court of Iowa.

June 10, 1969.

Attorney(s) appearing for the Case

O'Connor, Thomas, Wright, Hammer & Bertsch, Dubuque, for S. S. Kresge Co., defendant, cross-defendant-appellant-cross appellee.

Fuerste & Carew, Dubuque, for Fae Lyons' Estate, cross plaintiff-appellee-cross appellant, and Western Fire Insurance Co., intervenor-appellee-cross appellant.

BECKER, Justice.

This action for indemnity or contribution was tried to the court as a law action and resulted in judgment for plaintiff-intervenor on the indemnity count. A prayer for attorney's fees for defense of the original action was denied. Both sides appeal.

The original injured party was Steve D. Peters. We first recount the facts pertaining to him. Fae Lyons owned a German shepherd dog, named Sabre, which she kept chained to a tree in her yard in...

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