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IBP, INC. v. DCS SANITATION MGT.

No. 92-71.

498 N.W.2d 425 (1993)

IBP, INC., A Delaware Corporation, Plaintiff-Appellant, v. DCS SANITATION MANAGEMENT SERVICES, INC., A Corporation, Defendant-Appellee, and Fireman's Fund Insurance Company, A Corporation, Defendant.

Court of Appeals of Iowa.

February 2, 1993.

Attorney(s) appearing for the Case

David F. McCann of Dippel & McCann, Council Bluffs, for plaintiff-appellant.

Bill Hughes of Stuart, Tinley, Peters, Thorn, French & Hughes, Council Bluffs, for defendant-appellee.

Heard by DONIELSON, P.J., and SACKETT and HABHAB, JJ.

SACKETT, Judge.

Plaintiff-appellant IBP, Inc. appeals the trial court order on summary judgment dismissing its action for indemnity and breach of contract against defendant-appellee DCS Sanitation Management Services, Inc. and their insurer, defendant-appellee Fireman's Fund Insurance Company. We reverse and remand for proceedings consistent with this opinion.

IBP and defendant DCS Sanitation made a written agreement for DCS to provide cleaning and sanitation...

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