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GRANITE CITY STEEL COMPANY v. KOPPERS COMPANY, INC.

No. 17619.

419 F.2d 1289 (1969)

GRANITE CITY STEEL COMPANY, Plaintiff-Appellant, v. KOPPERS COMPANY, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 15, 1969.

Attorney(s) appearing for the Case

Charles W. King, Burroughs, Simpson & King, Edwardsville, Ill., for plaintiff-appellant.

Robert B. Maucker, Hoagland, Maucker, Bernard & Almeter, Alton, Ill., for defendant-appellee.

Before KNOCH, Senior Circuit Judge, FAIRCHILD, Circuit Judge, and GRANT, District Judge.

GRANT, District Judge.

Plaintiff, Granite City, appeals from the district court's order dismissing its complaint for failure to state a claim upon which relief could be granted. We reverse.

The complaint invoked the lower court's diversity jurisdiction and sought to state a claim on an indemnity agreement. It alleged the existence of a contract by which defendant, Koppers, was to perform construction work for Granite

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