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COOPER v. H. B. OWSLEY & SON, INC.

No. 7726SC986.

258 S.E.2d 842 (1979)

43 N.C. App. 261

Elizabeth B. COOPER, Administratrix of the Estate of Gary Wayne Cooper, Deceased v. H. B. OWSLEY & SON, INC., Baron Brown Russell, Jr., Potain, Inc., and King-Hunter, Inc.

Court of Appeals of North Carolina.

October 16, 1979.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr., and W. G. Champion Mitchell, Winston Salem, for King-Hunter, Inc.

Daniel W. Donahue and Ronald G. Baker, Greensboro, for H. B. Owsley & Son, Inc.

PARKER, Judge.

APPEAL OF KING-HUNTER, INC.

King-Hunter first contends that the summary judgment in favor of Owsley on its cross-claim for indemnity against King-Hunter was in error because the indemnity agreement embodied in paragraph 11 of the equipment rental contract between Owsley and King-Hunter is void as against public policy. In support of this contention, King-Hunter points out that plaintiff alleged in her amended complaint that Owsley's negligence...

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