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MARTINEZ v. MILLER INDUSTRIES, INC.

No. 23227-8-II.

974 P.2d 1261 (1999)

Pedro MARTINEZ and Pamela Lea, Plaintiff and Kitsap Public Services, Inc., dba Chico Towing COMPANY, Appellant, v. MILLER INDUSTRIES, INC., a foreign corporation, Third Party Defendant / Respondent.

Court of Appeals of Washington, Division 2.

April 2, 1999.

Attorney(s) appearing for the Case

Maureen Mullane Falecki, Carrie Archibald Selby, Robert William Novasky, Burgess Fitzer Leighton & Phillips, Tacoma, for Appellant.

Daniel P. Mallove, Cozen and O'Connor, Seattle, for Respondent.

HUNT, J.

Kitsap Public Services, Inc., dba Chico Towing Company, appeals the striking of its Note for Trial Setting for its cross claim against co-defendant Miller Industries, Inc., following their joint settlement with plaintiffs Pedro Martinez and Pamela Lea. Holding that, in agreeing to settle with plaintiffs, Chico did not agree to relinquish its cross claim against Miller, we reverse and remand for further proceedings...

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