Carlson v. Norman (In re Duncan)

ROSS, Senior Circuit Judge.

Appellants Robert Norman and Earl Norman (the Normans) appeal from the district court’s affirmance of a bankruptcy judgment granting summary judgment in favor of Thomas J. Carlson, bankruptcy Trustee for the estate of Larry and Lois Duncan (the Duncans). The Normans’ liability was premised upon their agreement to indemnify the Duncans against certain liabilities. We reverse and remand for further proceedings consistent with this opinion.

FACTS

Larry and Lois Duncan owned a majority of stock in two corporations, known as R & D Distributing, Inc., doing business as…