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Case No. 17-1544

CEI Equipment Company
Donald Gaddis and Karen Gaddis


CEI Equipment Company


Donald Gaddis and Karen Gaddis

Attorney for the Appellant

J. Scott Bardole

Attorney for the Appellee

David M. Caves and William T. McCartan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 20, 2019

            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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