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PUBLIC SERVICE CO. v. OSMOSE WOOD PRES.

No. 89CA0939.

813 P.2d 785 (1991)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Plaintiff-Appellant, v. OSMOSE WOOD PRESERVING, INC., a New York corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 14, 1991.

Certiorari Denied July 29, 1991.

Attorney(s) appearing for the Case

Kelly, Stansfield & O'Donnell, Timothy J. Flanagan and Brent L. Backes (James R. McCotter, Sr. Vice-President and Gen. Counsel), Denver, for plaintiff-appellant.

Hall & Evans, Alan Epstein, Chris A. Mattison and Linda D. Zinser, Denver, for defendant-appellee.

Opinion by Judge DUBOFSKY.

In this action for indemnification, plaintiff, Public Service Company (PSC), appeals the judgment of the trial court in favor of Osmose Wood Preserving, Inc. (Osmose). We remand with directions.

PSC and Osmose entered into a contract whereby Osmose would inspect, maintain, and treat all of PSC's utility poles. The indemnity provision of the contract stated:

"To save and hold harmless the Company [PSC] against all liability...

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