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COLLIER v. LAND & SEA RESTAURANT CO., LLC

Case No. 7:13-cv-00104-JCT.

972 F.Supp.2d 870 (2013)

Robert J. COLLIER, Plaintiff, v. LAND & SEA RESTAURANT CO., LLC d/b/a Frankie Rowland's Steakhouse, Defendant/Third-Party Plaintiff, v. Performance Food Group, Inc. d/b/a Performance Food Service-Virginia, Third-Party Defendant/Fourth-Party Plaintiff, v. Weaver Fresh Seafood & Produce, Third-Party Defendant, v. Sam Rust Seafood & Produce, Fourth-Party Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

September 18, 2013.

Attorney(s) appearing for the Case

Charles Richard Cranwell , Cranwell & Moore, Vinton, VA, John J. Morgan , Barr & Morgan, Stamford, CT, Phillip R. Lingafelt , Glenn Feldmann Darby & Goodlatte, Roanoke, VA, for Plaintiff.

Justin Ephraim Simmons , Ronald M. Ayers , Johnson Ayers & Matthews PLC, Roanoke, VA, for Defendant/Third-Party Plaintiff.

James Rhea Jebo , Dannel Charles Duddy , Harman Claytor Corrigan & Wellman, Richmond, VA, for Third-Party Defendant/Fourth-Party Plaintiff.

Clement Jay Robbins, IV , Midkiff, Muncie & Ross, P.C., Richmond, VA, for Third-Party Defendant.

MEMORANDUM OPINION

JAMES C. TURK, Senior District Judge.

Pending before the court is a motion to dismiss by Fourth-Party Defendant Sam Rust Seafood & Produce ("Sam Rust"), ECF No. 40, in which it seeks dismissal of the common law indemnification claim brought by Performance Food Group, Inc. d/b/a Performance Food Service-Virginia ("PFG") in the Fourth-Party Complaint. The Court concludes that the express indemnification clause in the written contract...

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