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NATIONAL UNION FIRE INS. v. A.A.R. WESTERN SKYWAYS

No. 71858.

784 P.2d 52 (1989)

NATIONAL UNION FIRE INSURANCE COMPANY and Mid-States Aircraft Engines, Inc., Plaintiffs, v. A.A.R. WESTERN SKYWAYS, INC., and Teledyne, Inc., d/b/a Teledyne Continental Motors, Defendants.

Supreme Court of Oklahoma.

December 12, 1989.

Attorney(s) appearing for the Case

Michael Atkinson, Best, Sharp, Thomas, Glass & Atkinson, Tulsa, David McDonald, McDonald & McDonald, Miami, Fla., Edward A. McConwell, Keith R. Lyman, Edward A. McConwell Law Firm, Overland Park, Kan., for plaintiffs.

Rocklin D. Lyons, Looney, Nichols, Johnson & Hayes, Oklahoma City, for defendants.

LAVENDER, Justice:

The United States District Court for the Northern District of Oklahoma certified the following questions pursuant to the Uniform Certification of Question of Law Act, 20 O.S. 1981, §§ 1601 et seq.:

(1) whether indemnity is available to one who, without fault on his own part, has paid damages occasioned by the primary negligence of another, even where there exists no contractual or vicarious...

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