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UNITED RENTALS NORTHWEST v. YEAROUT MECHANICAL

No. 08-2225.

573 F.3d 997 (2009)

UNITED RENTALS NORTHWEST, INC., Plaintiff-Appellant, v. YEAROUT MECHANICAL, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 24, 2009.

Attorney(s) appearing for the Case

Leslie A. McCarthy Apodaca, Charles J. Vigil, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, NM, for Plaintiff-Appellant.

Bryan D. Evans, Carla A. Neusch Williams, Atwood, Malone, Turner & Sabin, Roswell, NM, for Defendant-Appellee.

Before HENRY, Chief Judge, O'BRIEN, Circuit Judge, and EAGAN, District Judge.

ORDER CERTIFYING STATE LAW QUESTION

PER CURIAM.

Plaintiff-Appellant United Rentals Northwest, Inc. (United Rentals) appeals the district court's decision to grant Defendant-Appellee Yearout Mechanical, Inc.'s (Yearout's) motion to dismiss. The district court ruled that United Rentals could not seek indemnification from Yearout because the indemnification provision contained in the parties' equipment rental agreement was unenforceable under N.M. Stat. §...

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