TITAN STEEL CORPORATION v. WALTON

Nos. 8156, 8157.

365 F.2d 542 (1966)

TITAN STEEL CORPORATION, a corporation, Appellant, v. Jeanette WALTON, Administratrix of the Estate of Robert Walton, deceased, Rust Engineering Company, a Delaware Corporation, and Kennecott Copper Corporation, a New York Corporation, Appellees. RUST ENGINEERING COMPANY, a Delaware Corporation, Appellant, v. Jeanette WALTON, Administratrix of the Estate of Robert Walton, deceased, and Kennecott Copper Corporation, a New York Corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 7, 1966.


Attorney(s) appearing for the Case

F. Robert Bayle, Salt Lake City, Utah (Wallace R. Lauchnor, Salt Lake City, Utah, on brief), for Titan Steel Corporation.

Ray R. Christensen, Salt Lake City, Utah, for Rust Engineering Co.

Jack L. Crellin, Salt Lake City, Utah (Donn E. Cassity, Leon A. Halgren, F. Robert Bayle, Wallace R. Lauchnor, Salt Lake City, Utah, on brief), for Jeanette Walton, Administratrix of Estate of Robert Walton, Deceased.

George W. Latimer, Salt Lake City, Utah (Calvin A. Behle, Salt Lake City, Utah, on brief), for Kennecott Copper Corporation.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.


MURRAH, Chief Judge.

Rust Engineering Company appeals from a judgment on a jury verdict in a wrongful death action by the Administratrix of a Titan Steel Corporation employee against Rust and Kennecott Copper Corporation, Kennecott having been exonerated by the jury verdict. Titan Steel Corporation appeals from a judgment against it on Rust's third party complaint for the amount of the wrongful death judgment, attorneys' fees and costs under the indemnity provisions...

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