HIGHWAY CONSTRUCTION COMPANY v. MOSES

Nos. 72-1658 to 72-1660.

483 F.2d 812 (1973)

HIGHWAY CONSTRUCTION COMPANY, a corporation, Appellant, v. John MOSES, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 5, 1973.


Attorney(s) appearing for the Case

Timothy J. Nimick, Woods, Fuller, Schultz & Smith, Sioux Falls, S. D., for appellant.

Charles E. Carrell, Rapid City, S. D., for appellee.

Before GIBSON, BRIGHT and ROSS, Circuit Judges.


BRIGHT, Circuit Judge.

Highway Construction Company appeals a decision of the district court for the District of South Dakota ordering appellant to indemnify its employee, John Moses, for expenses of attorneys' fees incurred by him in the defense of a negligence action brought by three fellow employees. Applying the laws of South Dakota to this diversity action, we reverse.

The parties present this appeal on an agreed statement of the case pursuant to F.R...

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