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ZAHN v. KROGER CO. OF MICHIGAN

Docket No. 136382. COA No. 274994.

755 N.W.2d 661 (2008)

Timothy ZAHN, Plaintiff, v. KROGER COMPANY OF MICHIGAN, Defendant, Cross-Plaintiff-Appellee, and F.H. Martin Construction Company, Defendant, Cross-Defendant, Third-Party Plaintiff-Appellee, and Cimarron Services, Inc., Third-Party Defendant-Appellant.

Supreme Court of Michigan.

September 24, 2008.

On order of the Court, the application for leave to appeal the March 27, 2008 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a contractual indemnification clause limiting the indemnitor's liability to the indemnitor's own negligence, but including delegation of the indemnitee's duties, can support an award of indemnification arising out of the settlement of a negligence claim made against...

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