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VALLEJOS v. C. E. GLASS CO.

No. 76-1688.

583 F.2d 507 (1978)

Manuel VALLEJOS, Plaintiff, v. C. E. GLASS COMPANY and PPG Industries, Inc., Defendants and Cross-Claimants, Wood Bros. Homes, Inc., Defendant-Cross-Claimant-Appellee. C. E. GLASS COMPANY, Third-Party Plaintiff, v. AMERICAN GLASS & INSULATION, Third-Party Defendant and Cross-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 12, 1978.

Attorney(s) appearing for the Case

D. James Sorenson, Albuquerque, N. M. (Johnson, Paulantis & Lanphere, Albuquerque, N. M., on brief), for third-party defendant and cross-claimant-appellant.

James C. Ritchie, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, P. A., Albuquerque, N. M., on brief), for defendant-cross-claimant-appellee.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal from a judgment granting recovery of attorneys' fees, costs and expenses to the cross-claimant appellee, Wood Bros. Homes, Inc. (Wood Brothers), against American Glass & Insulation (American Glass), a third-party defendant, here the appellant. Recovery was granted under indemnity principles on the ground that American Glass was primarily liable in tort for an injury to the plaintiff Vallejos, who was injured in a fall...

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