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KESSLER v. BOWIE MACHINE WORKS, INC.

Nos. 74-1008, 74-1034.

501 F.2d 617 (1974)

Dan KESSLER, Appellee, v. BOWIE MACHINE WORKS, INC., Appellee, v. J. H. HILT, d/b/a J. H. Hilt Engineering Company, Appellant. Dan KESSLER, Appellee, v. BOWIE MACHINE WORKS, Appellant, v. J. H. HILT, d/b/a Hilt Engineering Company.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1974.

Attorney(s) appearing for the Case

William G. Porter, Rapid City, S. D., for Hilt.

Thomas G. Fritz, Rapid City, S. D., for Bowie.

Thomas E. Simmons, Rapid City, S. D., for Kessler.

Before BRIGHT and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

Plaintiff-appellee Dan Kessler, who sustained injuries while working on a hydro-mulcher landscaping machine, brought this diversity action against the manufacturer, Bowie Machine Works, Inc. (Bowie) of Bowie, Texas, seeking substantial damages. Bowie in turn impleaded Kessler's employer, J. H. Hilt, doing business as J. H. Hilt Engineering Company (Hilt) of Rapid City, South Dakota, alleging that Bowie as a third party plaintiff was entitled to indemnity...

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