WILSON v. NOOTER CORPORATION

Nos. 74-1056, 74-1057.

499 F.2d 705 (1974)

Alfred WILSON et al., Plaintiffs, Appellants, v. NOOTER CORPORATION, Defendant and Third Party Plaintiff, Appellee, v. The H. K. FERGUSON COMPANY, Third Party Defendant, Appellee. 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 July 11, 1974.


Attorney(s) appearing for the Case

Dort S. Bigg, Manchester, N. H., with whom Larry B. Pletcher and Wiggin, Noirie, Sundeen, Pingree & Bigg, Manchester, N. H., were on brief, for Alfred Wilson and others.

James E. Higgins, Manchester, N. H., with whom Joseph F. Devan and Sheehan, Phinney, Bass & Green, Manchester, N. H., were on brief, for The H. K. Ferguson Co.

Martin L. Gross, Concord, N. H., with whom Sulloway, Hollis, Godfrey & Soden, Concord, N. H., were on brief, for Nooter Corp.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


McENTEE, Circuit Judge.

This diversity case is before us for the second time. Briefly, the facts are as follows. Third-party defendant Ferguson, an Ohio corporation, was general contractor for the construction of a brewery in Merrimack, N. H. Defendant Nooter, a Missouri corporation, was subcontractor in charge of installing brewing equipment. Nooter desired to remove a ten-foot long "I" beam from the partially completed building. To do so, it used a crane owned by...

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