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LOS ANGELES NUT HOUSE v. HOLIDAY HARDWARE CORP.

Nos. 85-6039, 85-6089, 86-6721, 86-6737.

825 F.2d 1351 (1987)

LOS ANGELES NUT HOUSE, Plaintiff, v. HOLIDAY HARDWARE CORP., a Hawaiian corporation, dba Handy Man Stores, Holiday Exotic Sea Foods, Gene Hill and William P. Wrixon, Defendants. HOLIDAY HARDWARE CORP., Third-Party Plaintiff/Appellee/Cross-Appellant, v. THEO H. DAVIES & CO., LTD., dba Theo H. Davis & Co., Ltd., Lloyds Agency Department, Third Party Defendants/Appellants/Cross-Appellees. LOS ANGELES NUT HOUSE, Plaintiff, v. HOLIDAY HARDWARE CORP., Defendant. HOLIDAY HARDWARE CORP. and William P. Wrixon, Defendants/Third-Party Plaintiffs/Appellants, v. THEO H. DAVIES & CO., LTD., dba Theo H. Davis & Co., Ltd., Lloyds Agency Department, Defendants/Third-Party Plaintiffs/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1987.

Attorney(s) appearing for the Case

R. Gaylord Smith and Barbara A. Maggio, San Diego, Cal., for third party defendants/appellants/cross-appellees.

Boyde S. Lemon and Ramon M. Vipperman, Los Angeles, Cal., for defendant/third party plaintiff/appellee/cross-appellant.

Before ANDERSON, SKOPIL, and REINHARDT, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

This is a diversity action for breach of contract and warranty in the sale of goods. In a jury trial, Holiday Hardware Corporation ("Holiday Hardware") was awarded a $37,500.00 judgment for indemnity against Theo H. Davies & Company, Ltd. ("Davies"). Davies appeals that judgment on the ground that the general verdict was inconsistent with the jury's answer to a written interrogatory. Holiday Hardware appeals the denial of attorney...

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