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EMPLOYERS' FIRE INSURANCE CO., BOSTON, MASS. v. BEHUNIN

Civ. A. No. 67-C-138.

275 F.Supp. 399 (1967)

EMPLOYERS' FIRE INSURANCE COMPANY, BOSTON, MASSACHUSETTS, a corporation, Plaintiff, v. Gage BEHUNIN d/b/a Gage Behunin Company, and Otto Buehner and Company, Incorporated and Grant Marsh, Partners d/b/a Buehner Schokbeton Company, previously known as Buehner Concrete Products, Defendants and Third-Party Plaintiffs, v. BOULDER SCHOOL BOARD, BOULDER VALLEY SCHOOL DISTRICT, RE-2, BOULDER, COLORADO, Third-Party Defendant.

United States District Court D. Colorado.

November 2, 1967.

Attorney(s) appearing for the Case

Zarlengo, Mott & Carlin, William J. Baum, Denver, Colo., for plaintiff.

Weller, Friedrich & Hickisch, William H. Hazlitt, Denver, Colo., for defendant Gage Benhunin.

Calvert & Calvert, David R. Calvert, Aurora, Colo., for defendants Buehner Concrete Products.

Martin, Brotzman, Caplan & Knapple, Gerald A. Caplan, Boulder, Colo., for third-party defendant.

MEMORANDUM OPINION AND ORDER

(DISPOSITION OF MOTION FOR SUMMARY JUDGMENT)

WILLIAM E. DOYLE, District Judge.

Employers' Fire Insurance Company, as assignee of the claims of its insured, Boulder School Board, initiated this action against Gage Behunin and Buehner Schokbeton Company for damages allegedly caused by the defendants' negligence. We have jurisdiction by virtue of diversity of citizenship (28 U.S.C. § 1332). The matter is presently...

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