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COM'L INS. CO. OF NEWARK v. PACIFIC-PERU CONST.

No. 75-1790.

558 F.2d 948 (1977)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Plaintiff-Appellee, v. PACIFIC-PERU CONSTRUCTION CORP. and the Hawaii Corporation, Defendants-Appellants. The HAWAII CORPORATION, Defendant, Third-Party Plaintiff-Appellant, v. AMERICAN INTERNATIONAL UNDERWRITERS CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 10, 1977.

Attorney(s) appearing for the Case

Terence J. O'Toole, Carlsmith, Carlsmith, Wichman & Case, Honolulu, Hawaii, argued, for defendants-appellants.

Peter G. Wheelon, Honolulu, Hawaii, argued, for plaintiff-appellee.

Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Commercial Insurance Company of Newark, N. J. ("CIC"), a New Jersey corporation, obtained a summary judgment in its favor requiring Pacific-Peru Construction Corp. ("Pacific-Peru"), a Nevada corporation, and The Hawaii Corporation ("HC"),1 a Hawaii corporation, to indemnify CIC pursuant to bonding, indemnity, and reinsurance contracts executed in connection with construction work performed in Peru. Federal jurisdiction...

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