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INDUSTRIAL INDEMNITY CO. v. AETNA CASUALTY & SUR. CO.

No. 25857.

465 F.2d 934 (1972)

INDUSTRIAL INDEMNITY COMPANY, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 17, 1972.

Attorney(s) appearing for the Case

Alexander C. Marrack (argued), of Anthony & Waddoups, Honolulu, Hawaii, for plaintiff-appellant.

Ronald T. Y. Moon (argued), Ronald D. Libkuman, of Libkuman, Shimabukuro & Ventura, Honolulu, Hawaii, for defendant-appellee.

Before BROWNING, WRIGHT and CHOY, Circuit Judges.

CHOY, Circuit Judge:

Industrial Indemnity Company (Industrial), a California corporation, appeals a judgment by a judge without a jury denying subrogation against Aetna Life & Surety Company (Aetna), a Connecticut corporation. Hawaii law controls this diversity of citizenship case. We reverse and remand.

In the summer of 1959, Hawaiian Dredging and Construction Company (Hawaiian Dredging) and Bechtel Corporation (Bechtel) formed a joint venture to construct...

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