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BROWN v. MARTIN MARIETTA CORP.

No. 83CA0461.

690 P.2d 889 (1984)

Samuel BROWN, Plaintiff-Appellant and Cross-Appellee, v. MARTIN MARIETTA CORPORATION, Defendant and Third-Party Plaintiff-Appellee and Cross-Appellant, v. U.S. DISPOSAL SYSTEMS, INC., Third-Party Defendant-Appellee and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 26, 1984.

Certiorari Denied November 5, 1984.

Attorney(s) appearing for the Case

Donald L. Banghart, Lakewood, for plaintiff-appellant and cross-appellee.

Mark H. Dumm, Christina M. Habas, Denver, for defendant and third party plaintiff-appellee and cross-appellant.

Hall & Evans, Raymond J. Connell, Terry L. Christopher, Denver, for third party defendant-appellee and cross-appellee.

TURSI, Judge.

Samuel Brown brought this action against Martin Marietta Corporation seeking damages for injuries suffered on the theories of breach of contractual duty to a third-party beneficiary, and of negligence. Martin Marietta filed a third-party complaint against U.S. Disposal Systems, Inc., (USDS) seeking indemnity in the event that it were to be held liable to Brown. The trial court granted summary judgment in favor of Martin Marietta against Brown, and in...

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