PAT J. MURPHY, INC. v. DRUMMOND DOLOMITE, INC.

No. 14875.

346 F.2d 382 (1965)

PAT J. MURPHY, INC., Plaintiff Appellee, v. DRUMMOND DOLOMITE, INC., Defendant-Appellant, v. AMERICAN EMPLOYERS INSURANCE COMPANY, a corporation, Cross-Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

May 27, 1965.


Attorney(s) appearing for the Case

Malcolm K. Whyte, Victor M. Harding, Milwaukee Wis., for defendant-appellant.

O. S. Hoebreckx, Milwaukee, Wis., for plaintiff-appellee.

James P. Brody and Gilbert W. Church, Milwaukee, Wis., for cross-defendant-appellee.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.


KNOCH, Circuit Judge.

Plaintiff-appellee, Pat J. Murphy, Inc., brought action to recover damages claimed by it as contractor against the owner, Drummond Dolomite, Inc., defendant-appellant, in connection with their contract to construct a private haul road.

Drummond Dolomite, Inc., counter-claimed for damages sustained in completing the road. On defendant's motion, the District Court ordered that American Employers Insurance Company, surety on plaintiff's...

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