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CAILLER v. HUMBLE OIL & REFINING CO.

No. 7843.

117 N.H. 915 (1977)

LEO J. CAILLER v. HUMBLE OIL AND REFINING COMPANY & a.

Supreme Court of New Hampshire.

October 31, 1977.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green, of Manchester, and W. Michael Dunn and Calderwood, Ouellette & Hallisey, of Dover (Mr. Dunn and Mr. Dennis L. Hallisey orally), for Leo J. Cailler.

Wiggin & Nourie, of Manchester, and W. Wright Danenbarger (Mr. Danenbarger orally), for Humble Oil & Refining Company.

Devine, Millimet, Stahl & Branch, of Manchester, and Richard E. Galway (Mr. Galway orally), for Fireman's Fund American Insurance Companies.

GRIMES, J.

The United States District Court for the District of New Hampshire has certified under our rule 20 the following questions:

1) Do the provisions of the lease between Cailler and Humble, in particular paragraphs 3 and/or 5, as a matter of law bar Cailler's action in whole or in part? 2) Does Humble have a cause of action against Cailler for indemnity under the lease, particularly paragraphs 3 and/or 5?

These questions were certified...

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