KENNECOTT COPPER CORPORATION and The St. Paul Fire and Marine Insurance Company, Plaintiffs-Appellees,
v.
GENERAL MOTORS CORPORATION, TEREX DIVISION, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 30, 1984.
March 30, 1984.
Attorney(s) appearing for the Case
Harold G. Christensen, Salt Lake City, Utah (with Richard K. Crandall, Salt Lake City, Utah, on the brief) of Snow, Christensen & Martineau, Salt Lake City, Utah (and with Otis M. Smith, Gen. Counsel; Douglas E. Brown and Nicholas J. Wittner, General Motors Corp., Detroit, Mich., on the brief), for defendant-appellant.
Tim Dalton Dunn, Salt Lake City, Utah (with Shirlynn White Fenstermaker, Salt Lake City, Utah, on the brief) of Hanson, Russon, Hanson & Dunn, Salt Lake City, Utah, for plaintiffs-appellees.
Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
Kennecott Copper Corporation issued a purchase order for the lease of five Terex dump trucks from General Motors Corporation.1 That purchase order stated that "Kennecott will provide liability and property insurance related to possession and operation of the units." Record, vol. 1, at 40. The trucks were ultimately delivered pursuant to the purchase order agreement and Kennecott obtained an insurance policy from St...
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