MEMORANDUM OPINION
KISER, District Judge.
This case is presently before this Court on remand from the United States Court of Appeals for the Fourth Circuit. On September 28, 1983, I denied the Defendant Timesavers, Incorporated's ("Timesavers") Motion for Summary Judgment on a cross-claim for indemnity filed by their Co-Defendant Plywood Equipment Sales ("PES"). Whittle v. Timesavers,
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