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FOREMOST-McKESSON CORP. v. ALLIED CHEM. CO.

No. 2 CA-CIV 4689.

140 Ariz. 108 (1983)

680 P.2d 818

FOREMOST-McKESSON CORPORATION, an Arizona corporation, Plaintiff/Appellant/Cross Appellee, v. ALLIED CHEMICAL COMPANY, a foreign corporation, Defendant/Appellee/Cross Appellant.

Court of Appeals of Arizona, Division 2.

Review Denied April 24, 1984.

Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph, P.C. by Michael J. Rusing and William H. Tinney, Tucson, for plaintiff/appellant/cross appellee.

Teilborg, Sanders, Haga & Parks, P.C. by James A. Teilborg and Stephen Paul Forrest, Phoenix, for defendant/appellee/cross appellant.

OPINION

HATHAWAY, Judge.

Plaintiff/appellant raises three issues on appeal in this action for indemnification, all of which concern instructions given by the trial judge at the "vouching in" trial. The issues are (1) whether it was reversible error for the trial court to place upon the appellant the burden of proving that it had defended the underlying action with due diligence and reasonable care, (2) whether it was reversible error to instruct the jury that...

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