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McLOUTH STEEL CORP. v. MESTA MACHINE CO.

No. 11232.

214 F.2d 608 (1954)

McLOUTH STEEL CORP. v. MESTA MACHINE CO. FOSTER et al. v. HARTFORD ACCIDENT & INDEMNITY CO. (LANDIS TOOL CO., Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided June 23, 1954.

Attorney(s) appearing for the Case

Thomas E. Comber, Jr., Philadelphia, Pa. (Francis E. Shields, Philadelphia, Pa., Pepper, Bodine, Stokes & Hamilton, Philadelphia, Pa., on the brief), for appellant.

Earl G. Harrison, Philadelphia, Pa. (Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Edgar A. Jonas and Frederick C. Jonas, Chicago, Ill., Bancroft D. Haviland, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Mesta Machine Company, a Pennsylvania corporation, contracted to install a large roll grinder in the Michigan plant of McLouth Steel Corporation, a Michigan corporation. Mesta subcontracted the work of installation to J. M. Foster & Co., an Indiana partnership. While Foster's employees were installing the machine it fell and was severely damaged. McLouth sued Mesta. Mesta cross-claimed over against Foster on Foster's undertaking to save...

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