ROSS ISLAND SAND & GRAVEL CO. v. GENERAL INS. CO. OF AMER.

No. 26339.

472 F.2d 750 (1973)

ROSS ISLAND SAND & GRAVEL CO., an Oregon corporation, Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, a Washington corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

January 4, 1973.


Attorney(s) appearing for the Case

James C. Dezendorf, James H. Clarke, George L. Kirklin, of McColloch, Dezendorf & Spears, Portland, Ore., for appellant.

Fredric A. Yerke, Jr., Curtis W. Cutsforth, King, Miller, Anderson, Nash & Yerke, Portland, Ore., for appellee.

Before BROWNING and GOODWIN, Circuit Judges, and CONTI, District Judge.


ALFRED T. GOODWIN, Circuit Judge.

A ready-mix-concrete supplier appeals a summary judgment, 315 F.Supp. 402, holding that its liability insurance carrier had no duty to defend a claim by a building contractor who suffered a loss because of a delivery of nonconforming or defective concrete. We affirm.

Ross Island Sand & Gravel Co. supplied ready-mix concrete to Beck-Utah, general contractors, for use in the construction...

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