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PITTSBURGH-DES MOINES STEEL CO. v. AMERICAN SUR. CO. OF N. Y.

No. 8274.

365 F.2d 412 (1966)

PITTSBURGH-DES MOINES STEEL COMPANY, a corporation, Appellant, v. AMERICAN SURETY COMPANY OF NEW YORK, a corporation, and Davis Construction Company, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 13, 1966.

Attorney(s) appearing for the Case

Byron Hirst, Cheyenne, Wyo. (James L. Applegate and Richard V. Thomas, of Hirst, Applegate & Thomas, Cheyenne, Wyo., with him on the brief), for appellant.

W. J. Wehrli, of Wehrli & Williams, Casper, Wyo., for appellees.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and LANGLEY, District Judge.

SETH, Circuit Judge.

The appellee, American Surety Company, as a subrogee brought this action in indemnity against the appellant. Appellee was the insurer of Davis Construction Company, Inc., a prime contractor on a dam constructed in Wyoming. The defendant-appellant entered into a subcontract agreement with Davis whereby it was to erect structural steel on the face of the dam. During the course of this work an employee of appellant was injured in a fall from a scaffold...

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