PETER KIEWIT SONS' CO. v. SUMMIT CONSTRUCTION CO.

Nos. 18559-18561.

422 F.2d 242 (1969)

PETER KIEWIT SONS' COMPANY, Appellant, v. SUMMIT CONSTRUCTION COMPANY and General Insurance Company of America, Appellees. SUMMIT CONSTRUCTION COMPANY and General Insurance Company of America, Appellants, v. PETER KIEWIT SONS' COMPANY, Appellee. GENERAL INSURANCE COMPANY OF AMERICA, Appellant, v. PETER KIEWIT SONS' COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

November 26, 1969.


Attorney(s) appearing for the Case

W. A. McCullen and Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S. D., for Peter Kiewit Sons' Co.

Horace R. Jackson of Whiting, Lynn, Jackson, Freiberg & Shultz, Rapid City, S. D., for Summit Construction Co.; Kelton S. Lynn and Gene N. Lebrun, Rapid City, S. D., with him on the briefs.

H. R. Hanley, Rapid City, S. D., for General Ins. Co. of America; H. H. Halstead, Seattle, Wash., with him on the briefs.

Before VAN OOSTERHOUT, Chief Judge, GIBSON, Circuit Judge, and MILLER, Senior District Judge.


FLOYD R. GIBSON, Circuit Judge.

These appeals are from judgments entered by and from rulings of the District Court of the District of South Dakota made in a protracted jury trial1 on the issues presented in the complaint of Summit Construction Company, a South Dakota corporation, against Peter Kiewit Sons' Company, a Nebraska corporation, and the counterclaim of Kiewit against Summit and General Life Insurance Company, a Washington corporation...

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