Toothman v. Concel, Inc.

Third-party plaintiffs, Concel, Inc. and APL Corporation (Concel), appeal from a summary judgment for third-party defendant Boise-Cascade (Boise) on Concel’s claim for indemnity.

The case arose from a personal injury suffered by a Boise employe operating a paper machine owned by Concel but located in Boise’s paper mill in St. Helens. Boise and Concel entered into a contract in 1968, under which Boise agreed to

“operate, service and maintain [Concel’s] paper machine up to full capacity * * * as Concel may direct * * * including the furnishing of all labor, materials, parts, supplies and sundries…