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FIDELITY & CASUALTY CO. OF N. Y. v. J. A. JONES CONST. CO.

Nos. 17324, 17325.

325 F.2d 605 (1963)

The FIDELITY & CASUALTY COMPANY OF NEW YORK and General Accident Fire & Life Assurance Corporation, Ltd., Appellants, v. J. A. JONES CONSTRUCTION COMPANY, Appellee. J. A. JONES CONSTRUCTION COMPANY, Appellant, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK and General Accident Fire & Life Assurance Corporation, Ltd., Appellees.

United States Court of Appeals Eighth Circuit.

December 26, 1963.

Attorney(s) appearing for the Case

John W. Barron, Little Rock, Ark., for appellants. Jacob Sharp, Jr., Little Rock, Ark., with him on the brief.

W. A. Eldredge, Jr., Little Rock, Ark., for appellee. Smith, Williams, Friday & Bowen, Little Rock, Ark., of counsel.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and DAVIES, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is an action for indemnity. Plaintiffs, liability insurance carriers for Erhart, Eichenbaum, Rauch & Blass, architects, paid judgments obtained in the Arkansas state court against the architects by representatives of four of the employees of J. A. Jones Construction Company (Jones) injured or killed by a cave-in of a seventeen-foot vertical basement excavation. Such excavation was made by Jones in the performance of its primary...

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