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  5. 941 F.Supp. 54 (1996)
 

BET PLANT SERVICES v. W.D. ROBINSON ELEC. CO.

C/A No. 2:96-1796-18.

941 F.Supp. 54 (1996)

BET PLANT SERVICES, INC. d/b/a BPS Equipment Rental and Sales, Plaintiff, v. W.D. ROBINSON ELECTRIC COMPANY, INC., Defendant.

United States District Court, D. South Carolina, Charleston Division.

October 11, 1996.

Attorney(s) appearing for the Case

Duke Highfield, Charleston, SC, for plaintiff.

John Tiller, Charleston, SC, for defendant.

ORDER

NORTON, District Judge.

This action is before the court on Defendant's Motion to Dismiss or in the alternative for Judgment on the Pleadings.

I. Background

Defendant contracted with Plaintiff for the rental of a lift to be used on certain contracting jobs. The parties' agreement contains a clause which provides for indemnification of Plaintiff by Defendant in the event that Plaintiff must pay damages for any occurrence arising out...

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