STATE v. C & H NATIONWIDE, INC.

No. 2 CA-CV 93-0273.

179 Ariz. 164 (1994)

876 P.2d 1199

The STATE of Arizona, Plaintiff/Appellant/Cross-Appellee, v. C & H NATIONWIDE, INC., a Texas corporation, Defendant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 2, Department B.

June 28, 1994.


Attorney(s) appearing for the Case

Gallagher & Kennedy by Kevin E. O'Malley and Begam, Lewis, Marks, Wolfe & Dasse by Elliot G. Wolfe and Cora Perez, Phoenix, for plaintiff/appellant/cross-appellee.

Jennings, Strouss & Salmon by William T. Birmingham, M. Byron Lewis and Michael J. O'Connor, Phoenix, for defendant/appellee/cross-appellant.


OPINION

ESPINOSA, Presiding Judge.

Appellant, the State of Arizona, filed an indemnification action against appellee C & H Nationwide, Inc. (C & H), for settlement money paid as a result of a fatal traffic accident involving an oversize load transported by C & H. The state appeals from the trial court's denial of its motion for summary judgment and the granting of C & H's crossmotion for summary judgment after finding that the state...

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