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SOUTHERN RY. CO. v. ARLEN REALTY & DEV. CORP.

Record No. 771516.

257 S.E.2d 841 (1979)

SOUTHERN RAILWAY COMPANY v. ARLEN REALTY AND DEVELOPMENT CORP.

Supreme Court of Virginia.

August 30, 1979.

Attorney(s) appearing for the Case

H. Merrill Pasco, Richmond (William F. Stone, Jr., Martinsville, Hunton & Williams, Richmond, Stone, Joyce, Worthy & Stone, Martinsville, on briefs), for appellant.

Charles E. Carter, Danville (Carter, Craig & Bass, Danville, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARMAN, Justice.

This is an appeal from a judgment of the trial court denying Southern Railway Company (Southern or the railroad) indemnification from Arlen Realty and Development Corp. (Arlen or the indemnitor) for attorney's fees and other expenses of litigation. The trial court, sitting without a jury, held that the indemnity provision in a "Trailer Use Agreement" between Southern and Arlen was effective and that reasonable attorney's fees and expenses incurred...

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