ROBERT E. BLAKE INC. v. EXCEL ENVIRONMENTAL

Nos. 94-16597, 95-16171.

104 F.3d 1158 (1997)

ROBERT E. BLAKE INC., dba General Engineering and Machine Works, Third-party-plaintiff-Appellant, v. EXCEL ENVIRONMENTAL, Third-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1997.


Attorney(s) appearing for the Case

James D. Boughey, Ginger M. English, Boughey, Garvie & Bushner, San Francisco, California, for the third-party-plaintiff-appellant.

Andrew P. Sclar, Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, San Francisco, California, for the third-party-defendant-appellee.

Before: HALL and BRUNETTI, Circuit Judges, and WEINER, District Judge.


BRUNETTI, Circuit Judge:

In the fall of 1990, the United States hired Robert E. Blake, Inc., d/b/a General Engineering & Machine Works ("Blake"), to repair and activate the S.S. Cape Bover which at that time was part of the United States Ready Reserve Fleet and was in storage at the Oakland Army Base. Blake, as general contractor, subcontracted Excel Environmental, Inc. ("Excel"), for asbestos abatement, carpentry, painting, and insulation repair services...

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