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WILSON v. NOOTER CORPORATION

No. 72-1308.

475 F.2d 497 (1973)

Alfred WILSON et al., Plaintiffs, Appellees, v. NOOTER CORPORATION, Defendant and Third-Party Plaintiff, Appellant, v. The H. K. FERGUSON COMPANY, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 13, 1973.

Attorney(s) appearing for the Case

Martin L. Gross and John C. Ransmeier, Concord, N. H., with whom Sulloway, Hollis, Godfrey & Soden, Concord, N. H., was on brief, for appellant.

Kurt M. Swenson and Dort Bigg, Manchester, N. H., with whom Wiggin, Nourie, Sundeen, Pingree & Bigg, Manchester, N. H., was on brief, for Alfred Wilson and Robertina Wilson, appellees.

Joseph F. Devan, Manchester, N. H., with whom Sheehan, Phinney, Bass & Green, Manchester, N. H., was on brief, for The H. K. Ferguson Company, appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

CAMPBELL, Circuit Judge.

Appellee Ferguson was the general contractor for the construction of a brewery in Merrimack, New Hampshire. Appellant Nooter, a boilermaker, was the sub-contractor in charge of erecting a large vat.

Appellee Wilson, a brick mason and Ferguson employee, was injured when Ferguson's crane, operated by a Ferguson employee, snagged a cable holding up the scaffold upon which Wilson worked. Nooter had called in the crane to lift a heavy beam...

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