Fireman's Fund Indemnity Co. v. United States

Full title: FIREMAN'S FUND INDEMNITY COMPANY, Appellant, v. UNITED STATES of America…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 19, 1954

210 F.2d 472 (9th Cir. 1954)

Opinion

No. 13341.

February 19, 1954.

Appeal from the United States District Court for the Southern District of California, Central Division; Leon R. Yankwich, Judge.

Anderson, McPharlin Conners, Kenneth E. Lewis, Los Angeles, Cal., for appellant.

Ellis N. Slack, Meyer Rothwacks, Fred E. Youngman, Sp. Assts. to Atty. Gen., Washington, D.C., Laughlin E. Waters, U.S. Atty., E.H. Mitchell, Edward R. McHale, Asst. U.S. Attys., Los Angeles, Cal., for appellees.

Worthington, Park Worthington, Alden Ames, Herbert Kohlwes, San Francisco, Cal., amici curiæ.

Before MATHEWS, STEPHENS and BONE, Circuit Judges.

PER CURIAM.

In an action by appellee, the United States, against Swedlow Engineering Company, Inc., and appellant, Fireman's Fund Indemnity Company, D.C., 100 F. Supp. 796, and a judgment was entered against both defendants on November 21, 1952. Appellant has appealed. The judgment is reversed as to appellant upon the authority of Westover v. William Simpson Construction Co., 9 Cir., 908 F.2d 209, decided January 28, 1954.