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UNITED STATES v. CITY OF TWIN FALLS, IDAHO

Nos. 84-3832, 84-3837.

806 F.2d 862 (1986)

UNITED STATES of America, Plaintiff/Appellee, v. The CITY OF TWIN FALLS, IDAHO, Defendant. The CITY OF TWIN FALLS, IDAHO, Third-Party Plaintiff/Appellant, v. HAMILTON AND VOELLER, INC., an Idaho corporation; Detweiler Bros., Inc., an Idaho corporation; Envirotech Corporation, d/b/a Envirotech Systems, Inc., a foreign corporation doing business in Idaho, Third-Party Defendants/Appellees. UNITED STATES of America, Plaintiff/Appellee, v. The CITY OF TWIN FALLS, IDAHO, Defendant. The CITY OF TWIN FALLS, IDAHO, Third-Party Plaintiff/Appellant, v. HAMILTON AND VOELLER, INC., an Idaho corporation, Third-Party Defendant, and Envirotech Corporation, d/b/a Envirotech Systems, Inc., Third-Party Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1986.

Attorney(s) appearing for the Case

Randall D. Morrison, Finan, White & Morrison, San Francisco, Cal., for plaintiff/appellee.

John C. Hohnhorst, John C. Hepworth, Hepworth, Nungester & Felton, Twin Falls, Idaho, for defendant.

Before TANG, SCHROEDER, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The United States sued the City of Twin Falls, Idaho for violation of federal water pollution statutes. The City filed a third-party indemnity action against Envirotech Corporation and others responsible for the design and construction of the City's sewage treatment plant. The United States prevailed against the City, and the City obtained a jury verdict in its breach of contract and warranties action against Envirotech. The verdict was for...

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