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DIXIE OPERATING CO. v. EXXON CO., U.S.A.

No. BJ-358.

493 So.2d 61 (1986)

DIXIE OPERATING COMPANY, Appellant, v. EXXON COMPANY, U.S.A., Appellee.

District Court of Appeal of Florida, First District.

August 22, 1986.

Attorney(s) appearing for the Case

H. Edward Moore, Jr., of Moore, Hill, Westmoreland, Pensacola, for appellant.

Dennis K. Larry, of Clark, Partington, Hart, Hart and Johnson, Pensacola, for appellee.

BARFIELD, Judge.

This case arises from a personal injury suit by an employee of Dixie Operating Company (Dixie) against Exxon Company, U.S.A. (Exxon), in which Exxon filed a third party claim against Dixie based on contractual indemnity. A summary judgment was entered in favor of Dixie, based upon its immunity from suit under chapter 440, Florida Statutes, and Exxon appealed (Case No. BE-318).

Dixie filed a motion seeking remand to the trial court for the...

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