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EMPLOYERS MUT. LIABILITY INS. CO. v. SEARS, ROEBUCK AND CO.

No. 78-1655.

621 F.2d 746 (1980)

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Plaintiff-Appellant. v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 27, 1980.

Attorney(s) appearing for the Case

Wood Brown, III, New Orleans, La., for plaintiff-appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, Harry McCall, Jr., New Orleans, La., Michael A. Stiegel, Arthur L. Klein, Chicago, Ill., for defendant-appellee.

Before GEE, FAY, and VANCE, Circuit Judges.

PER CURIAM:

Employers Mutual Liability Insurance Company of Wisconsin (Employers Insurance) demands contribution or indemnity from Sears, Roebuck and Company. The district court granted summary judgment for Sears. We affirm.

I.

Employers Insurance issued a policy insuring Preway, Inc. for products liability. A vendor's endorsement extended coverage to Preway's wholesale customers. Preway manufactured a space heater. Sears sold it to the Britain family...

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