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WESTERN CONTRACTING CORP. v. POWER ENGINEERING CO.

No. 10568.

369 F.2d 933 (1966)

WESTERN CONTRACTING CORPORATION, a corporation, to the Use of Employers Mutual Liability Insurance Company of Wisconsin, a corporation, Appellant, v. POWER ENGINEERING COMPANY, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 5, 1966.

Attorney(s) appearing for the Case

John C. Duncan, III, Washington, D. C. (John A. Beck, Washington, D. C., on brief) for appellant.

Norbert J. Heubusch, Arlington, Va., for appellee.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

The efficacy of the indemnification clause contained in the subcontract of Power Engineering Company, Inc. with Western Contracting Corporation, a prime contractor for a United States Government project, is in question here. The issue is made by the District Court's denial of indemnity to Western's insurance carrier for workmen's compensation it had paid to Western's employees allegedly injured by Power's employees. As use-plaintiff...

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