ODDO v. SPEEDWAY SCAFFOLD CO.

No. 87-875.

443 N.W.2d 596 (1989)

233 Neb. 1

Bernard ODDO, Appellee, v. SPEEDWAY SCAFFOLD COMPANY, Appellee, Contractor Associates, Inc., Appellant.

Supreme Court of Nebraska.

July 28, 1989.


Attorney(s) appearing for the Case

Richard L. Walentine and Betty L. Egan, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellant.

Michael F. Kinney, of Cassem, Tierney, Adams, Gotch & Douglas, and Michael E. Waldeck, Omaha, and Randa Rawlins, of Niewald, Waldeck, Norris & Brown, Kansas City, Mo., for appellee Speedway Scaffold.

HASTINGS, C.J., WHITE, SHANAHAN, and FAHRNBRUCH, JJ., and McGINN, District Judge.


SHANAHAN, Justice.

As the result of a bench trial, Speedway Scaffold Company (Speedway) recovered a judgment against Contractor Associates, Inc. (Contractor), for $1,114,989.10 based on an indemnity agreement. Contractor appeals and claims that the district court erred in finding that Speedway was entitled to contractual indemnity, and in finding that Contractor was liable to pay an attorney fee for counsel representing the insurance carrier for Speedway's excess...

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