SARGENT v. JOHNSON

Nos. 79-1078, 79-1121.

601 F.2d 964 (1979)

Paul F. SARGENT, Appellee, v. Roger T. JOHNSON, Architect, Appellant. AXEL H. OHMAN, INC., a Minnesota Corporation, Appellee, v. PRESTON HAGLIN COMPANY, a Minnesota Corporation, Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee. Paul F. SARGENT, Cross-Appellee, v. Roger T. JOHNSON, Architect, Cross-Appellee. AXEL H. OHMAN, INC., a Minnesota Corporation, Cross-Appellee, v. PRESTON HAGLIN COMPANY, a Minnesota Corporation, Cross-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Insurance Company, in its Individual capacity and in its defense of Preston Haglin Company, Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1979.


Attorney(s) appearing for the Case

Mary Jeanne Coyne of Meahger, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Minn. (argued), and O. C. Adamson II, Minneapolis, Minn., on brief, for Roger T. Johnson.

John R. DeLambert of VanEps & Gilmore, Minneapolis, Minn. (argued), and Lynn G. Truesdell, III, Minneapolis, Minn., Richards, Montgomery, Cobb & Bassford, Minneapolis, Minn., on brief, for Liberty Mutual Ins. Co.

David F. Fitzgerald of Rider, Bennett, Egan & Arundel, Minneapolis, Minn. (argued), William T. Egan and Lewis A. Remele, Jr., Minneapolis, Minn., on brief, for Axel H. Ohman, Inc. and others.

Robert G. Share and James E. Nelson, Minneapolis, Minn., on brief, for Preston Haglin Co.

Clint Grose and David A. Stofferahn of Grose, Von Holtum, Von Holtum, Sieben & Schmidt, Minneapolis, Minn., for Paul F. Sargent.

Before HEANEY, BRIGHT and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

This matter is before us for the third time.1 The sole issue raised on this appeal is whether, under a contractual indemnity clause, a negligent indemnitee can recover attorney's fees from his indemnitor. The District Court denied recovery. We affirm.

Paul F. Sargent was employed on a construction project in Minneapolis, Minnesota, on July 14, 1969. On that date, he fell down an elevator shaft and was severely...

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