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ESSEX CRANE RENTAL v. WEYHER/LIVSEY CONSTRUCTORS

No. 90-35340.

940 F.2d 1253 (1991)

ESSEX CRANE RENTAL CORP., Plaintiff-Counter-Defendant-Appellee, v. WEYHER/LIVSEY CONSTRUCTORS, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1991.

Attorney(s) appearing for the Case

Ronnie B. Rock and Denise C. Baird, Moffatt, Thomas, Barrett, Rock & Fields, Boise, Idaho, for defendant-counter-claimant-appellant.

G. Lance Salladay, Risch, Goss, Insinger & Salladay, Boise, Idaho, for plaintiff-counter-defendant-appellee.

Before WRIGHT, BRUNETTI and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

On January 26, 1987, a crane leased to Weyher/Livsey Constructors by Essex Crane Rental Corporation collapsed, fatally injuring an employee of Weyher/Livsey. The employee's family initiated a wrongful death action in Idaho state court, naming Essex as one of the defendants. Essex filed this diversity action pursuant to 28 U.S.C. § 1332 (1988), seeking declaratory and other relief, including indemnity...

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