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GENERAL ACCIDENT F. & L. ASSUR. CORP. v. SMITH & OBY CO.

Civ. A. Nos. 32883, 33008.

148 F.Supp. 126 (1957)

GENERAL ACCIDENT FIRE and LIFE ASSURANCE CORPORATION, Limited, a corporation, Plaintiff, v. SMITH & OBY COMPANY, a corporation, Defendant. SMITH & OBY COMPANY, a corporation, Plaintiff, v. The H. K. FERGUSON COMPANY, a corporation, and General Accident Fire and Life Assurance Corporation, Limited, a corporation, Defendants.

United States District Court N. D. Ohio, E. D.

February 1, 1957.

Attorney(s) appearing for the Case

R. Crawford Morris, Cleveland, Ohio, for Gen. Acc. Fire & Life Assur. Corp. and others.

Michael R. Gallagher, Cleveland, Ohio, for Smith & Oby Co.

WEICK, District Judge.

The controversy here grows out of an accident which occurred during construction work at Westgate Shopping Center, near Rocky River in Cuyahoga County, Ohio.

The defendant, The H. K. Ferguson Company, an Ohio corporation herein referred to as Ferguson, was the general contractor of the construction work.

The plaintiff, Smith & Oby Company, an Ohio corporation, was the plumbing...

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