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LARSON CONSTRUCTION CO. v. OREGON AUTOMOBILE INS. CO.

No. 24351.

450 F.2d 1193 (1971)

LARSON CONSTRUCTION COMPANY, an Oregon corporation, and R. C. Larson, Plaintiffs-Appellants, v. OREGON AUTOMOBILE INSURANCE CO., an Oregon corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended December 7, 1971.

Rehearing Denied December 15, 1971.

Attorney(s) appearing for the Case

Floyd A. Fredrickson (argued), Gray, Fredrickson & Heath, Portland, Or., for plaintiffs-appellants.

George M. Joseph (argued), Bemis, Breathouwer & Joseph, and Morrison & Bailey, Portland, Or., for defendant-appellee.

Before KOELSCH and CARTER, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge.

Koppers Company, the owner of a cargo of logs, employed Larson Construction Company (hereafter Larson) to load the logs aboard a barge owned and operated by Shaver Transportation Company (hereafter Shaver). In the course of the loading, one of Larson's employees, Gray, was injured. Gray sued Shaver, and Shaver, who claimed that Larson was responsible on an indemnity theory, tendered the defense to Larson. Ultimately Shaver settled...

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