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FIREMAN'S FUND INDEMNITY COMPANY v. UNITED STATES

No. 13341.

210 F.2d 472 (1954)

FIREMAN'S FUND INDEMNITY COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 19, 1954.

Attorney(s) appearing for the Case

Anderson, McPharlin & Conners, Kenneth E. Lewis, Los Angeles, Cal., for appellant.

Ellis N. Slack, Meyer Rothwacks, Fred E. Youngman, Sp. Assts. to Atty. Gen., Washington, D. C., Laughlin E. Waters, U. S. Atty., E. H. Mitchell, Edward R. McHale, Asst. U. S. Attys., Los Angeles, Cal., for appellees.

Worthington, Park & Worthington, Alden Ames, Herbert Kohlwes, San Francisco, Cal., amici curiæ.

Before MATHEWS, STEPHENS and BONE, Circuit Judges.

PER CURIAM.

In an action by appellee, the United States, against Swedlow Engineering Company, Inc., and appellant, Fireman's Fund Indemnity Company, D.C., 100 F.Supp. 796, and a judgment was entered against both defendants on November 21, 1952. Appellant has appealed. The judgment is reversed as to appellant upon the authority of Westover v. William Simpson Construction Co., 9 Cir., 908 F.2d 209

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