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UNION CAMP CORP. v. McABEE CONST. CO.

83-1100.

465 So.2d 390 (1985)

UNION CAMP CORPORATION v. McABEE CONSTRUCTION COMPANY.

Supreme Court of Alabama.

February 8, 1985.

Attorney(s) appearing for the Case

Robert D. Hunter and Sally Sharp Reilly of Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

William C. Wood of Norman, Fitzpatrick & Wood, Birmingham, for appellee.

FAULKNER, Justice.

Union Camp Corporation appeals from a summary judgment granted in favor of third-party defendant McAbee Construction Company.

On January 11, 1982, Union Camp and McAbee entered into a contract whereby McAbee contracted to clean steel tanks owned by Union Camp. The contract included an indemnity and waiver provision, set forth as follows:

"5. Contractor at all times will indemnify, release, protect, defend and hold Owner, its representatives...

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