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TOOTHMAN v. CONCEL, INC.

No. A8012-07196; CA A26308.

673 P.2d 562 (1983)

66 Or.App. 169

Vickie L. TOOTHMAN, Plaintiff, v. CONCEL, INC., a Corporation, and Apl Corporation, a Corporation, Appellants, v. Boise-Cascade Corporation, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1983.

Attorney(s) appearing for the Case

James H. Gidley, Portland, argued the cause for appellants. On the briefs were Timothy R. Volpert and Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Barnes H. Ellis, Portland, argued the cause for respondent. On the brief were Joyce M. Bernheim and Charles F. Adams, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Third-party plaintiffs, Concel, Inc. and APL Corporation (Concel), appeal from a summary judgment for third-party defendant Boise-Cascade (Boise) on Concel's claim for indemnity.

The case arose from a personal injury suffered by a Boise employe operating a paper machine owned by Concel but located in Boise's paper mill in St. Helens. Boise and Concel entered into a contract in 1968, under which Boise agreed to

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