BARBER-GREENE COMPANY v. BRUNING COMPANY

No. 17932.

357 F.2d 31 (1966)

BARBER-GREENE COMPANY, an Illinois Corporation, Appellant, v. The BRUNING COMPANY, a Nebraska Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 18, 1966.


Attorney(s) appearing for the Case

Patrick W. Healey, Lincoln, Neb., for appellant and filed printed brief with George Healey, Lincoln, Neb.

Flavel A. Wright, of Cline, Williams, Wright, Johnson, Oldfather & Thompson, Lincoln, Neb., for appellee.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.


BLACKMUN, Circuit Judge.

In this Nebraska diversity suit Barber-Greene Company seeks indemnity from The Bruning Company in the amount of $19,153.50.

Warren B. Grace, a truck driver, was injured on May 29, 1957, when he was sprayed by hot asphalt from a mixing plant on his employer's premises in Ashland, New York. This plant was built by plaintiff Barber. It embodied a patented coupling device, or "quick disconnect coupler", manufactured by the defendant Bruning...

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