SAFWAY RENTAL & SALES CO. v. ALBINA ENGINE & MACHINE WORKS

Nos. 7617, 7618.

343 F.2d 129 (1965)

SAFWAY RENTAL & SALES COMPANY, Appellant, v. ALBINA ENGINE AND MACHINE WORKS, INC., Albina Engine and Machine Works, Inc., as Trustee for Glens Falls Insurance Company, and Glens Falls Insurance Company, Appellees. ALBINA ENGINE & MACHINE WORKS, INC., and Glens Falls Insurance Company, Cross-Appellants, v. SAFWAY RENTAL & SALES COMPANY, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 23, 1965.


Attorney(s) appearing for the Case

Gordon F. Rainey, Oklahoma City, Okl. (Rainey, Flynn & Welch, Oklahoma City, Okl., of counsel, with him on the brief), for appellant and cross-appellee.

John A. Johnson, Oklahoma City, Okl., for appellees and cross-appellants.

Before PICKETT, LEWIS and SETH, Circuit Judges.


SETH, Circuit Judge.

No. 7617.

Albina Engine and Machine Works, Inc. and Safway Rental & Sales Company entered into an agreement whereby certain swinging scaffolds owned by Albina were to be rented in Oklahoma by Safway. The scaffolds were stored and serviced by Safway, and the proceeds from rentals were divided between the parties to the agreement. A workman was injured as one of the rented scaffolds fell when a cable broke, and Albina and Safway were...

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