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MAY TRUCKING CO. v. INTERNATIONAL HARVESTER CO.

No. 11753.

543 P.2d 1159 (1975)

97 Idaho 319

MAY TRUCKING CO., an Idaho Corporation, and Transport Indemnity Company, a California Corporation, Plaintiffs-Appellants, v. INTERNATIONAL HARVESTER COMPANY, a Delaware Corporation, and Boise International, Inc., a Delaware Corporation, Defendants-Respondents.

Supreme Court of Idaho.

December 22, 1975.

Attorney(s) appearing for the Case

Glenn A. Coughlan of Coughlan, Imhoff, Christensen & Lynch, Boise, for plaintiffs-appellants.

Eberle, Berlin, Kading, Turnbow & Gillespie, Michael G. Brady of Moffatt, Thomas, Barrett & Blanton, Boise, for defendants-respondents.

DONALDSON, Justice.

Appellant, Transport Indemnity Company, brought this action against respondents, International Harvester Company and Boise International Inc., seeking indemnity for moneys paid by Transport Indemnity, the insurer, to co-appellant May Trucking Company pursuant to a contract for insurance. The trial court found the insurer Transport Indemnity's action not to be based on indemnity but rather one based on the right of subrogation and granted respondents...

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