UNITED STATES v. SAN FRANCISCO ELEVATOR COMPANY

No. 72-2524.

512 F.2d 23 (1975)

UNITED STATES of America, Third-Party Plaintiff-Appellant, v. SAN FRANCISCO ELEVATOR COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 28, 1975.


Attorney(s) appearing for the Case

William E. Gwatkin (argued), U. S. Dept. of Justice, San Francisco, Cal., for appellant.

Ernest M. Thayer, San Francisco, Cal., (argued), for appellee.

Before VAN OOSTERHOUT, BROWNING and SNEED, Circuit Judges.


OPINION

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by third-party plaintiff United States of America from that part of the judgment of the district court limiting its recovery from third-party defendant San Francisco Elevator Company for indemnity to $300,000, although provable damages were established at $370,000 plus attorneys' fees. We reverse and hold that the United States is entitled to indemnity from San Francisco Elevator in the full amount...

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