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INT'L BUSINESS MACHINES CORP. v. TRUCK INS. EXCH.

Docket No. S.F. 22725.

2 Cal.3d 1026 (1970)

474 P.2d 431

89 Cal. Rptr. 615

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff and Appellant, v. TRUCK INSURANCE EXCHANGE, Defendant, Cross-complainant and Respondent; ZURICH INSURANCE COMPANY, Cross-defendant and Appellant.

Supreme Court of California. In Bank.

August 7, 1970.

Attorney(s) appearing for the Case

COUNSEL

Russ & Benson and Wilbur J. Russ for Plaintiff and Appellant and for Cross-defendant and Appellant.

Sim & Solomon and Gabriel W. Solomon as Amici Curiae on behalf of Plaintiff and Appellant and Cross-defendant and Appellant.

Campbell, Custer, Warburton & Britton and Alfred B. Britton, Jr., for Defendant, Cross-complainant and Respondent.

OPINION

TOBRINER, J.

Sheldon Hatton, an employee of Red Line Carriers (hereinafter Red Line), while moving a desk, slipped on an eraser on the floor of the loading dock of the International Business Machines Corporation (hereinafter IBM) and sustained personal injuries. Hatton's suit against IBM precipitated the present dispute over insurance coverage between Truck Insurance Exchange (hereinafter...

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