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KELLOGG COMPANY v. SANITORS, INC.

496 S.W.2d 472 (1973)

KELLOGG COMPANY, fub CNA Insurance Company, Appellees, v. SANITORS, INC., Appellant.

Supreme Court of Tennessee.

June 18, 1973.

Attorney(s) appearing for the Case

Hunter K. Cochran, Jr., Memphis, for appellant; Cochran, Carey, Fleischer & Mullikin, Memphis, of counsel.

Leo Bearman, Sr., Leo Bearman, Jr., Memphis, for appellees.

OPINION

DYER, Chief Justice.

This cause comes to this Court under a stipulation of facts presenting the issue of whether under a contract of indemnity the indemnitee (Kellogg) is entitled to be indemnified by the indemnifier (Sanitors) even though the loss be caused by the negligence of the indemnitee.

Kellogg and Sanitors entered into a contract whereby Sanitors was to furnish janitorial, maintenance and maid service at one of Kellogg's plants....

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