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ESTES CO. v. AZTEC CONST., INC.

No. 1 CA-CIV 5862.

139 Ariz. 166 (1983)

677 P.2d 939

The ESTES COMPANY and Estes Homes, a partnership consisting of the Estes Co., and Shedco, Inc.; the Estes Co., a partnership, consisting of We 7, Inc.; Shedco, Inc., a corporation; We 7, Inc., a corporation, Defendants-Appellants, v. AZTEC CONSTRUCTION, INC., an Arizona corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied October 6, 1983.

Review Denied February 7, 1984.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, Phoenix, for defendant-appellant Estes Co.

Lewis & Roca by Judith E. Sirkis, Phoenix, for defendant-appellee.

OPINION

CONTRERAS, Judge.

Cross-claimant the Estes Company appeals from the judgment denying its cross-claim for indemnity and the denial of its motion for a new trial on the cross-claim. We reverse and remand with directions to enter judgment for Estes on its cross-claim.

NATURE OF CASE

The parties to this appeal were defendants in a wrongful death action. Based upon an indemnity agreement The Estes Company, the general contractor, filed a...

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