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HOLCIM (US), INC. v. OHIO CAS. INS. CO.

1080223.

38 So.3d 722 (2009)

HOLCIM (US), INC., Edward J. Thierry, Jr., and Dennis R. Odom v. The OHIO CASUALTY INSURANCE COMPANY and Industrial Services of Mobile, Inc.

Supreme Court of Alabama.

November 13, 2009.

Attorney(s) appearing for the Case

Charles M. McDaniel, Jr., and James T. Sasser of Carlock, Copeland & Stair, LLP, Atlanta, Georgia; and J. Marshall Gardner of Vickers, Riis, Murray & Curran, L.L.C., Mobile, for appellant Holcim (US), Inc.

James A. Kee, Jr., and Jon M. Hughes of Kee & Selby, LLP, Birmingham, for appellee.

SHAW, Justice.

The United States Court of Appeals for the Eleventh Circuit has certified to this Court, pursuant to Rule 18, Ala. R.App. P., two questions:

"1. Whether, under Alabama law, an indemnitee may enforce an indemnification provision and recover damages from an indemnitor resulting from the combined or concurrent fault or negligence of the indemnitee and indemnitor? "2. Whether, under Alabama law, a court may look behind (or beyond) the...

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