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SOLANO CONCRETE CO. v. LUND CONSTR. CO.

Docket No. 15829.

64 Cal.App.3d 572 (1976)

134 Cal. Rptr. 552

SOLANO CONCRETE COMPANY, INC., Cross-complainant and Appellant, v. LUND CONSTRUCTION COMPANY, Cross-defendant and Respondent.

Court of Appeals of California, Third District.

December 3, 1976.

Attorney(s) appearing for the Case

COUNSEL

Bolling, Pothoven, Walter & Gawthrop and Donald S. Walter for Cross-complainant and Appellant.

Hoffman, Mayhew & Gallawa, Walter E. Gallawa and William A. Mayhew for Cross-defendant and Respondent.

OPINION

PARAS, J.

In a wrongful death action, defendant Solano Concrete Company, Inc. (hereinafter "Solano"), filed a cross-complaint requesting a declaration of its asserted right to indemnity from the decedent's employer, Lund Construction Company (hereinafter "Lund"). The court sustained a demurrer to the cross-complaint without leave to amend on the theory that under Labor Code section...

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