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FULMER v. DUQUESNE LIGHT CO.

374 Pa.Super. 537 (1988)

543 A.2d 1100

George S. FULMER, and Eva Fulmer his wife, Appellants, v. DUQUESNE LIGHT COMPANY, a corporation, Appellee, v. RUST CHIMNEY, INCORPORATED, a subsidiary of Union Boiler Company, Appellee. George S. FULMER and Eva Fulmer, his wife, Appellees, v. DUQUESNE LIGHT COMPANY, a corporation, v. RUST CHIMNEY, INCORPORATED, a subsidiary of Union Boiler Company, Appellant. George S. FULMER and Eva Fulmer, his wife, Appellees, v. DUQUESNE LIGHT COMPANY, a corporation, Appellee, v. RUST CHIMNEY, INC., Appellant.

Supreme Court of Pennsylvania.

Filed May 5, 1988.

Reargument Denied July 6, 1988.

Attorney(s) appearing for the Case

John F. Becker, Pittsburgh, for George and Eva Fulmer.

Kathy K. Condo Caritis, Pittsburgh, for Duquesne Light.

Avrum Levicoff, Pittsburgh, for Rust Chimney.

Before WIEAND, KELLY and POPOVICH, JJ.

WIEAND, Judge:

George Fulmer was an employee of Rust Chimney. He fell and was seriously injured while working inside a smoke-stack at the Elrama Power Station, which was owned and operated by Duquesne Light Company. Fulmer filed an action against Duquesne Light to recover for his injuries. Duquesne Light caused Rust Chimney to be joined as an additional defendant. The basis for such joinder was an express agreement by Rust Chimney to indemnify Duquesne Light for injuries...

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