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United States Eighth Circuit


In re: Fitzgerald Marine & Repair, 09-1997

In a defendant's appeal in a personal injury action from summary judgment to a third-party defendant on defendant's cross-claim for contractual indemnity, a denial of summary judgment to defendant on third-party defendant's common law indemnity and contribution claims, and an award of attorney's fees and costs to the third-party defendant, the order is affirmed where: 1) the contract at issue was not ambiguous; 2) the clause at issue required defendant to indemnify third-party defendant for all injuries to defendant's employees that arose in connection with a 2001 Service Agreement; and 3) there was no error of law in the district court's award of the entire nonsegregated category to third-party defendant.

Appellate Information

  • Decided 08/11/2010
  • Published 08/11/2010

Judges

  • Bobby E. Shepherd

Court

  • United States Eighth Circuit

Counsel

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