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KRASNY-KAPLAN CORPORATION v. FLO-TORK, INC.

No. 91-2332.

66 Ohio St.3d 75 (1993)

KRASNY-KAPLAN CORPORATION v. FLO-TORK INC., APPELLEE; SPUHLER, D.B.A. POWER CONTROL COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided April 7, 1993.

Attorney(s) appearing for the Case

Critchfield, Critchfield & Johnston, Lincoln Oviatt and Peggy J. Schmitz, for appellee.

Gallagher, Sharp, Fulton & Norman, Burt Fulton and William A. Meadows, for appellant.

Vorys, Sater, Seymour & Pease, Edward A. Schrag, Jr. and Michael D. Martz, urging affirmance for amicus curiae, Ohio Manufacturers' Association.

ALICE ROBIE RESNICK, J.

The issue for determination is whether a distributor of a product is entitled to indemnification for attorney fees and costs from the manufacturer of the product in a products liability action, when both are defendants in the action, and when neither is adjudged to be liable to the plaintiff. For the reasons which follow, we find that in the circumstances of this case, the manufacturer is under no obligation to indemnify the distributor for...

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