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ENSCO, INC. v. WEICKER TRANSFER AND STORAGE CO.

Nos. 80-1889, 80-1940.

689 F.2d 921 (1982)

ENSCO, INC., Plaintiff-Appellant and Cross-Appellee, v. WEICKER TRANSFER AND STORAGE CO., Defendant-Appellee and Third-Party Plaintiff, v. Warren JAYCOX, Defendant-Appellee, v. UNION PACIFIC RAILROAD COMPANY, Third Party Defendant Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 1982.

Attorney(s) appearing for the Case

Teryl R. Gorrell, Head, Moye, Carver & Ray, Denver, Colo. (Pamela A. Ray, Head, Moye, Carver & Ray, Denver, Colo., with him on the brief) for plaintiff-appellant cross-appellee Ensco, Inc.

William K. Ris, Wood, Ris & Hames, Denver, Colo., for defendant-appellee and third party plaintiff Weicker Transfer and Storage Co., and defendant-appellee Warren Jaycox.

John J. Mullins, Jr. and Edward Imatani, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for third party defendant-appellee-cross-appellant.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

I. PRELIMINARY DISCUSSION

This is a transportation of equipment case. The determinative issue is whether under the facts and applicable law Weicker Transfer and Storage Co. was in the special circumstances presented acting as a common carrier, or as a contract carrier or lessor of equipment and servant.

The trial court found that Weicker had leased its equipment and driver to the appellant Ensco.

This...

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