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SUPERIOR COMPANIES v. KAISER CEMENT CORP.

No. 1 CA-CIV 8797.

152 Ariz. 575 (1986)

733 P.2d 1158

SUPERIOR COMPANIES, Plaintiff-Appellee, v. KAISER CEMENT CORPORATION, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied March 4, 1987.

Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A. by Elliot Talenfeld and James Wm. Junker, Phoenix, for plaintiff-appellee.

Holloway & Thomas, P.C. by Paul W. Holloway and Thomas P. Burke, II, Phoenix, for defendant-appellant.

OPINION

HAIRE, Judge.

On this appeal we are asked to determine whether a lease agreement requires the lessee to indemnify the lessor for liability incurred by the lessor resulting from an injury occurring on the leased premises, and, if so, whether such contractual indemnification is precluded by Arizona's Workers' Compensation Act.

In 1974, the Atchison, Topeka & Santa Fe Railway Company ("the railroad") and Superior Companies (Superior) entered...

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