EASTERN GAS AND FUEL ASSOCIATES v. MIDWEST-RALEIGH, INC.

No. 10750.

374 F.2d 451 (1967)

EASTERN GAS AND FUEL ASSOCIATES, Appellant, v. MIDWEST-RALEIGH, INC., a corporation, the Travelers Insurance Company, a corporation, Interstate Engineers & Constructors, Inc., a corporation, the Fidelity and Casualty Company of New York, a corporation, Alma Jean Jones, Administratrix of the Estate of Robert L. Jones, Deceased, Evelyn Elizabeth Ice, Administratrix of the Estate of Gay W. Ice, deceased, Arlie Spry, William J. Ice, and William E. Zirkle, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 7, 1967.


Attorney(s) appearing for the Case

Russell L. Furbee, Fairmont, W. Va. (Thomas J. Whyte and Furbee, Hardesty, Critchfield & Whyte, Fairmont, W. Va., on brief), for appellant.

Willis O. Shay, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellees.

Before J. SPENCER BELL and WINTER, Circuit Judges, and RUSSELL, District Judge.


J. SPENCER BELL, Circuit Judge:

This is a declaratory judgment action brought by Eastern Gas and Fuel Associates, which seeks an adjudication of its right to indemnity or contribution for its liability arising out of a gas explosion that occurred at its Federal No. 1 coal mine at Grant Town, West Virginia. Eastern appeals from a district court judgment holding that it was entitled to neither indemnity nor contribution.

On April 30, 1962, Eastern entered into...

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