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CONTINENTAL INS. CO. v. ASARCO, INC.

No. 2 CA-CV 5991.

153 Ariz. 497 (1987)

738 P.2d 368

CONTINENTAL INSURANCE COMPANY, Plaintiff/Appellee, v. ASARCO, INCORPORATED, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

May 5, 1987.

Attorney(s) appearing for the Case

Crampton, Woods, Broening & Oberg by Kenneth C. Miller, Phoenix, for plaintiff/appellee.

Bilby & Shoenhair by David A. Paige, Tucson, for defendant/appellant.

OPINION

LIVERMORE, Presiding Judge.

Van Dyke's Western Construction Company, insured by plaintiff Continental Insurance Company, entered into a contract with defendant Asarco, Inc., to assemble bents and trusses for a conveyor belt at Asarco's Sacaton mine. The bents and trusses had already been purchased by Asarco from a fabricator. Because of Van Dyke's negligence the nearly-assembled structure collapsed, damaging both the bents and trusses used in the assembly...

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