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ST. PAUL FIRE & MARINE INSURANCE CO. v. CUNNINGHAM

No. 15695.

257 F.2d 731 (1958)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, a corporation, Appellant, v. Homer CUNNINGHAM, Jess Gullett and Percy Laudingham, Appellees.

United States Court of Appeals Ninth Circuit.

June 26, 1958.

Attorney(s) appearing for the Case

James P. Shovlin, Jr., Franklin Plank, San Francisco, Cal., for appellant.

J. D. Burdick, San Francisco, Cal., for appellees.

Before ORR, POPE and HAMLEY, Circuit Judges.

ORR, Circuit Judge.

Wilbur C. Rasmussen, while engaged in loading logs, was injured and as a result thereof died. His heirs brought suit in the California courts against Ben Mast Lumber Company, alleging that the death of Rasmussen resulted from the negligence of its employees. The liability of Mast Lumber Company was based upon the theory of Respondeat Superior. Subsequent to trial in the state courts, a judgment was rendered against said Lumber Company on the 29th...

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