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MARK FIVE CONST. v. CASTLE CONTRACTORS

Record No. 061304.

645 S.E.2d 475 (2007)

MARK FIVE CONSTRUCTION, INC., to the Use of AMERICAN ECONOMY INSURANCE CO. v. CASTLE CONTRACTORS, ET AL.

Supreme Court of Virginia.

June 8, 2007.

Attorney(s) appearing for the Case

Daniel E. Lynch (John T. Cornett, Jr.; Williams & Lynch, on brief), for appellant.

William T. Kennard (O'Connell, O'Connell & Sarsfield, on brief), for appellees.

Present: All The Justices.

OPINION BY Justice G. STEVEN AGEE.

Mark Five Construction, Inc., t/u/o American Economy Insurance Company, ("Mark Five") appeals the judgment of the Circuit Court of Fairfax County which sustained a demurrer filed by defendants Castle Contractors and James W. Finley, Jr. Mark Five contends the circuit court erred because the amended motion for judgment filed by Mark Five asserted a "good cause of action" for indemnity under Code § 65.2-304 sufficient to survive...

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