ADAMS, Justice.
This is an appeal from a summary judgment for the defendant in a declaratory judgment action wherein Sutherlin Toyota, Inc. ("Sutherlin"), demanded indemnification from Toyota Motor Sales USA, Inc., et al. (all hereinafter referred to as "TMS"), for damages and attorney fees accruing from counterclaims filed against it in Sutherlin Toyota, Inc. v. James M. Ford, et al., Etowah Circuit Court
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