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HRABAK v. MADISON GAS AND ELECTRIC COMPANY

No. 11815.

240 F.2d 472 (1957)

Albert HRABAK, Plaintiff and Appellant, and The Fidelity and Casualty Company of New York, Involuntary Plaintiff and Appellant, v. MADISON GAS and ELECTRIC COMPANY, a Wisconsin corporation, Defendant and Appellee. Madison Gas and Electric Company, a Wisconsin corporation, Third Party Plaintiff and Appellee, and CASSITY-RICHARDS, Inc., an Illinois corporation, Third Party Defendant and Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 12, 1957.

Attorney(s) appearing for the Case

Norris E. Maloney, Maloney & Wheeler, Madison, Wis., for Albert Hrabak.

Frank A. Ross, Jr., Spohn, Ross, Stevens, Lamb & Pick, Madison Wis., for Fidelity & Casualty Co. of New York.

John V. Ryan, Chicago, Ill., Roy B. Hovel, Sun Prairie, Wis., Clifford G. Mathys, Willard S. Stafford, Madison, Wis., Rieser, Mathys, McNamara & Stafford, Madison, Wis., of counsel, for Madison Gas & Electric Co.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.

DUFFY, Chief Judge.

Defendant Madison Gas and Electric Company was the owner and operator of a steel tower electrical transmission line located at Madison, Wisconsin. Defendant's only high voltage (69,000) system was 2.5 miles in length interconnecting the Wisconsin Power and Light Company's transmission system with defendant's Blount Street generating station.

In March, 1951, defendant contracted with Cassity-Richards, Inc. to paint the 36 towers and the...

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