Legal Opinion
Collier v. Land & Sea Restaurant Co.
District Court, W.D. Virginia
Decided September 18, 2013No. Case No. 7:13-cv-00104-JCTPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES C. TURK, Senior District Judge.
Pending before the court is a motion to dismiss by Fourth-Party Defendant Sam Rust Seafood & Produce (“Sam Rust”), ECF No. 40, in which it seeks dismissal of the common law indemnification claim brought by Performance Food Group, Inc. d/b/a Performance Food Service-Virginia (“PFG”) in the Fourth-Party Complaint. The Court concludes that the express indemnification clause in the written contract between PFG & Sam Rust governs the indemnification obligations between the two parties and that it precludes any implied or common law…
2Cases cited21 opinions
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- Fontenot v. Mesa Petroleum Co.Court of Appeals for the Fifth Circuit · 1986
- Myrtle Beach Pipeline Corp. v. Emerson Electric Co.District Court, D. South Carolina · 1993
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3Cited by9 opinions
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