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CALDWELL TANKS, INC. v. HALEY & WARD, INC.

No. 06-1697.

471 F.3d 210 (2006)

CALDWELL TANKS, INC., Plaintiff, Appellee, v. HALEY & WARD, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 8, 2006.

Attorney(s) appearing for the Case

Warren D. Hutchison, with whom David J. Hatem, Jeffrey W. Hallahan, and Donovan Hatem, LLP, were on brief, for Appellant.

Charles E. Schaub, Jr., with whom Hinckley, Allen & Snyder LLP, Robert M. Connolly, Anne E. Gorham, Mark W. Leach, and Stites & Harbison, PLLC, were on brief, for Appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

A federal jury ruled against Caldwell Tanks, Inc., the builder of a water tank, in an action it had instituted against Haley & Ward, Inc. (Haley), the engineer on the water tank project. Haley had counterclaimed for indemnification of its expenses in defending against the action brought by Caldwell, relying on a broadly worded indemnity agreement that ran from Caldwell as builder, to both the water tank owner, the Buzzards Bay Water District...

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