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Case No. 17-1544

CEI Equipment Company
v.
Donald Gaddis and Karen Gaddis

Appellant

CEI Equipment Company

Appellee

Donald Gaddis and Karen Gaddis

Attorneys for Appellant

J. Scott Bardole

Attorneys for Appellee

David M. Caves and William T. McCartan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1544
Date Published:
Mar 20, 2019
Summary

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Potterfield, P.J., and Tabor and Mullins, JJ.  Opinion by Tabor, J.  (12 pages)

            The plaintiff in a third-party action for indemnity appeals the grant of summary judgment in favor of the third-party defendants, arguing the district court erred in finding their claim was time-barred under the stock purchase agreement.  The third-party defendants cross-appeal the denial of their application for attorney fees.  OPINION HOLDS: The unambiguous language of the contract evidences the intent of the parties that the Gaddises would indemnify CEI for claims from the accrual of the products liability cause of action until the running of the applicable statute of limitations.  Therefore, the district court erred in granting summary judgment to the Gaddises.  We reverse and remand for entry of new orders denying the Gaddises’ motion for summary judgment and granting CEIs as well as any further necessary proceedings.  We affirm the denial of the Gaddises’ request for attorney fees. 

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