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BLACK DIAMOND COAL MIN. CO. v. USX CORP.

1900258.

581 So.2d 839 (1991)

BLACK DIAMOND COAL MINING COMPANY v. USX CORPORATION, et al.

Supreme Court of Alabama.

May 31, 1991.

Attorney(s) appearing for the Case

W. Michael Atchison and E. Martin Bloom of Starnes & Atchison, Birmingham, for appellant.

T. Thomas Cottingham, Victor L. Hayslip and Harri J. Haikala of Burr & Forman, Birmingham, for appellees.

SHORES, Justice.

This case involves the enforcement of an indemnity provision included in the service contract made between Black Diamond Coal Mining Company, the contractor (hereinafter "Black Diamond"), and United States Steel Corporation, the predecessor to USX Corporation and owner of the property to be mined (hereinafter "USX"). A wrongful death action was filed against USX. Black Diamond was later added as a party defendant. The decedent's representative alleges...

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