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HELENIUS v. CHELIUS

Nos. 53738-5-I, 53739-3-I.

120 P.3d 954 (2005)

Kevin HELENIUS and Jane Doe Helenius, and their marital community, and Alan Tilley, Appellants/Cross-Respondents, v. Craig and Lynn CHELIUS, Adam Feuer and Jane Doe Feuer and their marital community, Brian DiJulio and Jane Doe DiJulio and their marital community; Paul Brogan and Jane Doe Brogan and their marital community; Randall Burke and Jane Doe Burke and their marital community; Roger McCracken and Jane Doe McCracken and their marital community; Respondents/Cross-Appellants, Questar Microsystems, Inc., a Washington corporation, Plaintiffs, v. Send.Com, Inc., a Washington Corporation, dba InstantCourier.com; SC & B Services, Inc., a Washington corporation; Jeffrey Tillman and Jane Doe Tillman and their marital community; Bruce Glant and Jane Doe Glant and their marital community; Steve Henn and Jane Doe Henn and their marital community, Defendants.

Court of Appeals of Washington, Division 1.

October 10, 2005.

Attorney(s) appearing for the Case

David Lenci, Preston Gates & Ellis LLP, Catherine Drews, Foster Pepper & Shefelman PLLC, Seattle, WA, for Appellants.

Phillip Edgerton Cutler, Robert Nylander, Cutler Nylander & Hayton PS, Mark Stephen Davidson, Williams Kastner & Gibbs PLLC, Gary Marshall, Attorney At Law, Leonard J. Feldman, Malaika M. Eaton, Heller Ehrman LLP, Catherine Smith, Edward Sieh Smith & Goodfriend, Seattle, WA, for Respondents.

Larry Halvorson, Halvorson & Saunders PLLC, S. Richard Hicks, Attorney At Law, Bruce Wolf, Law Office of Bruce A Wolf PS, Seattle, WA, for Other.

OPINION PUBLISHED IN PART

SCHINDLER, J.

¶ 1 In exchange for Questar Microsystems, Inc.'s (Questar), and its owners', H. Alan Tilley and Kevin Helenius, agreement to sell their Send.com stock, Send.com assumed the Questar liabilities identified in the December 9, 1998 Stock Purchase Agreement (SPA) and agreed to indemnify and hold harmless Questar, Helenius and Tilley on these liabilities. One of the assumed liabilities was for wage claims of two former...

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