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MASUEN v. E.L. LIEN & SONS, INC.

No. 82-2345.

714 F.2d 55 (1983)

Michael MASUEN, v. E.L. LIEN & SONS, INC., a corporation, Appellee, Dakota Contracting Corporation, a Corporation; Herb Teske, an individual; Maynard Sommers, an individual, Robert Kirwan, an individual; John Van Lent, an individual, Appellants. Leonard PETERSON, v. Herb TESKE, Maynard Sommers, Robert Kirwan, John Van Lent, Appellants. Leonard PETERSON, v. Thomas MANNING.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1983.

Attorney(s) appearing for the Case

Ronald R. Kappelman, Rapid City, S.D., for defendant-respondent-appellee E.L. Lien and Sons, Inc.

David V. Vrooman, Sioux Falls, S.D., for defendants-crossclaimants-appellants Robert Kirwan and John Van Lent.

Before LAY, Chief Judge, SWYGERT, Senior Circuit Judge, and ARNOLD, Circuit Judge.

PER CURIAM.

In Masuen v. E.L. Lien & Sons, Inc., 670 F.2d 87 (8th Cir.1981), this court remanded to the district court for the determination of whether Robert Kirwan and John Van Lent, both employees of the State of South Dakota, were entitled to contractual indemnity from E.L. Lien & Sons, Inc., a general contractor. Upon remand, the district court, the Honorable Fred J. Nichol presiding, held that Kirwan and Van Lent...

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