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EMPLOYERS CASUALTY COMPANY v. IDEAL CEMENT CO.

No. 45087.

511 P.2d 1090 (1973)

EMPLOYERS CASUALTY COMPANY, Appellant, v. IDEAL CEMENT COMPANY, a corporation, and Ideal Basic Industries, Inc., a corporation, Appellees.

Supreme Court of Oklahoma.

June 5, 1973.

Attorney(s) appearing for the Case

Foliart, Shepherd, Mills & Niemeyer, Oklahoma City, for appellant.

William H. Wilson, Rhodes, Hieronymus, Holloway & Wilson, Oklahoma City, for appellees.

IRWIN, Justice:

Appellant, Employers Casualty Company (plaintiff), concluded a settlement of a personal injury action brought against its insured, Dolese, by Arvel Davis. In this proceeding, plaintiff sought indemnification of the settlement it made with Davis from appellees (defendants) on the grounds that Davis' injuries resulted from defendants' active or primary negligence. The trial court sustained defendants' demurrer...

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