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HAKE v. EAGLE PICHER COMPANY

No. 16432.

406 F.2d 893 (1969)

Gary HAKE, Plaintiff, v. EAGLE PICHER COMPANY, Defendant, Third-Party Plaintiff and Appellee, v. HARDWARE MUTUAL CASUALTY COMPANY, Third-Party Defendant, Third-Party Plaintiff and Appellant, v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, Ltd., Third-Party Defendant and Appellee.

United States Court of Appeals Seventh Circuit.

January 29, 1969.

Attorney(s) appearing for the Case

Edmund W. Powell, Milwaukee, Wis., Dale L. Schlafer, John F. White, Chicago, Ill., for appellant, Wickham, Borgelt, Skogstad & Powell, Milwaukee, Wis., and McKenna, Storer, Rowe, White & Haskell, Chicago, Ill., of counsel.

Eugene O. Gehl, Griffin G. Dorschel, Madison, Wis., for appellee.

Before HASTINGS, KILEY and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

Gary Hake brought an action for personal injury against Eagle Picher Company.1 Hake recovered $192,845.75 and that determination is not challenged here. Two insurance companies were brought in, and the issues on appeal relate to their coverage of Eagle Picher's liability to Hake.

In October, 1961, Eagle Picher was engaged in widening an earthen dam on its mining property. Hake, an employee of Gensler Brothers...

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