UNITED RIGGERS & ERECTORS v. MARATHON STEEL CO.

No. 81-1717.

725 F.2d 87 (1984)

UNITED RIGGERS & ERECTORS, INC. a California corporation, Plaintiff-Appellee, v. MARATHON STEEL COMPANY, an Arizona corporation; Amax Coal Company, a division of Amax, Inc., Meadowlark Farms, Inc., an Indiana corporation, a wholly-owned subsidiary of Amax, Inc., a New York corporation; the Nicholson Company, an Ohio corporation; and Does 1 through 10, inclusive, Defendants. MARATHON STEEL COMPANY, an Arizona corporation, Third-Party Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Third-Party Defendant and Third-Party Plaintiff-Appellant, v. UNITED RIGGERS AND ERECTORS, INC., a California corporation, Johnson Mechanical Contractors, Inc., a California corporation; Joseph D. Kruss, Marcella F. Kruss, Roy I. Bowlin and Doris Bowlin, Third-Party Defendants-Appellees, MARATHON STEEL COMPANY, an Arizona corporation, Third-Party Plaintiff, v. The WESTERN CASUALTY AND SURETY COMPANY, Third-Party Defendant. STATE, INC., (NEWBERY-STATE, INC.), a Colorado corporation, Plaintiff, v. MARATHON STEEL COMPANY, an Arizona corporation, Defendant and Third-Party Plaintiff, v. NICHOLSON CONSTRUCTION COMPANY, an Ohio corporation; United Riggers and Erectors, Inc., a California corporation; Amax Coal Company, a division of Amax, Inc., a New York corporation; Hartford Accident and Indemnity Company, a Connecticut corporation; and the Western Casualty and Surety Company, a Kansas corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

January 11, 1984.


Attorney(s) appearing for the Case

Thomas G. Ottenweller, San Francisco, Cal., for Hartford Acc. and Indem. Co.

George A. Zunker of Urbigkit & Whitehead, Cheyenne, Wyoming, for United Riggers & Erectors, Inc.

Before DOYLE, LOGAN and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

This diversity case arises out of a dispute between contractors erecting a coal preparation plant in Wyoming. Marathon Steel Company was the general contractor for the project, United Riggers & Erectors, Inc. was one of Marathon's subcontractors, and Hartford Accident and Indemnity Company was the surety on United Riggers' performance bond. We must decide whether the trial court erred in refusing to order United Riggers to reimburse Hartford...

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