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ERVIN v. LOWE'S COMPANIES, INC.

No. 20050025-CA.

128 P.3d 11 (2005)

2005 UT App 463

Allen R. ERVIN and Blanche Ervin, Plaintiffs, v. LOWE'S COMPANIES, INC., a North Carolina corporation; SHINFA, a Vietnamese company; and John Does 1-5, Defendants. Lowe's Companies, Inc., a North Carolina corporation, Third-party Plaintiff and Appellant, v. Collins Co., Ltd., a Taiwanese corporation; Collins International Co., Ltd., a New Jersey Corporation; and John Does I-X, Third-party Defendants and Appellees.

Court of Appeals of Utah.

November 3, 2005.

Attorney(s) appearing for the Case

Clifford C. Ross, Dunn & Dunn, Salt Lake City, for Appellants.

Michael P. Zaccheo and Michael K. Woolley, Richards Brandt Miller & Nelson, Salt Lake City, for Appellees.

Before BILLINGS, P.J., GREENWOOD and McHUGH, JJ.

OPINION

McHUGH, Judge:

¶ 1 Third-party Plaintiff Lowe's Companies, Inc. (Lowe's) appeals several orders of the district court in favor of Third-party Defendants Collins Co., Ltd., a Taiwanese corporation (Collins Taiwan), and Collins International Co., Ltd., a New Jersey corporation (Collins New Jersey). Lowe's challenges the district court's (1) grant of summary judgment in favor of Collins New Jersey on the grounds it had no duty to indemnify Lowe...

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