KELLEY v. MARATHON OIL CO.

No. 81-1584.

676 F.2d 1388 (1982)

Otis E. KELLEY, Plaintiff, v. MARATHON OIL COMPANY, Defendant, Third Party Plaintiff-Appellant, v. SHEEHAN PIPELINE CONSTRUCTION COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1982.


Attorney(s) appearing for the Case

Russell K. Scott, Dunham, Boman & Leskera, East St. Louis, Ill., for defendant, third party plaintiff-appellant.

David A. Bloch, Burroughs, Simpson, Wilson, Hepler, Broom & McCarthy, Edwardsville, Ill., for third party defendant-appellee.

Before CUMMINGS, Chief Judge, MARKEY, Chief Judge, and POSNER, Circuit Judge.


CUMMINGS, Chief Judge.

This appeal involves Count III of a third-party diversity complaint that Marathon Oil Company filed against Sheehan Pipeline Construction Company. According to this pleading, Marathon and Sheehan entered into a February 12, 1971, contract providing for Sheehan to perform certain work pursuant to Marathon job orders. The job order in question here was executed by Marathon on November 29, 1978, and accepted by Sheehan on December 1, 1978. That...

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