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CARSTENS PLUMBING & HEATING COMPANY v. EPLEY

Nos. 17757, 17758.

342 F.2d 830 (1965)

CARSTENS PLUMBING & HEATING COMPANY, Appellant, v. Betty Lou EPLEY, Executrix of the Estate of Harvey H. Epley, Deceased, Florence & Hartzell, Inc., S. Patti Construction Company, and Alliance Mutual Casualty Company, Appellees. S. PATTI CONSTRUCTION COMPANY, Appellant, v. Betty Lou EPLEY, Executrix of the Estate of Harvey H. Epley, Deceased, Florence & Hartzell, Inc., Carstens Plumbing & Heating Company, and Alliance Mutual Casualty Company, Appellees.

United States Court of Appeals Eighth Circuit.

March 31, 1965.

Attorney(s) appearing for the Case

David R. Hardy and William W. Shinn, of Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, Mo., made argument for appellant, Carstens Plumbing & Heating Co. and filed brief with Donald K. Hoel and Mari W. Privette, of Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, Mo., and William S. Burnquist, Fort Dodge, Iowa.

Alan Loth, Fort Dodge, Iowa, made argument for appellant and appellee S. Patti Construction Co. and filed brief.

John J. Murray and Donald J. Mitchell, of Mitchell, Mitchell & Murray, Fort Dodge, Iowa, made argument for appellee, Betty Lou Epley, Executrix of the Estate of Harvey H. Epley and filed brief.

Evart Mills, of Mills & Mills, McPherson, Kan., made argument for appellees, Florence & Hartzell and Evart Mills and Michael T. Mills, of Mills & Mills, McPherson, Kan., filed brief for appellees, Florence & Hartzell and Alliance Mut. Cas. Co.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.

VOGEL, Circuit Judge.

These two consolidated actions arise out of the injury and death of an employee during the construction of the federal office building and post office at Fort Dodge, Iowa. For convenience, the various parties will be referred to as they were in the court below. S. Patti Construction Company (hereinafter referred to as Patti) was the general contractor for the construction of the building at which the accident occurred. Carstens Plumbing &...

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