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HULLY v. ALUMINUM COMPANY OF AMERICA

Civ. No. 1-60.

143 F.Supp. 508 (1956)

C. E. HULLY and F. H. Wright, d/b/a a co-partnership under the name of Central Asbestos & Supply Company, Plaintiffs, v. ALUMINUM COMPANY OF AMERICA, Columbia Casualty Company and Eichleay Corporation, Defendants.

United States District Court S. D. Iowa, Davenport Division.

August 8, 1956.

Attorney(s) appearing for the Case

Wendell B. Gibson (of Gibson, Stewart & Garrett), Des Moines, Iowa, for plaintiffs.

Larned A. Waterman (of Lane & Waterman), Davenport, Iowa, for defendant Aluminum Co. of America.

Carl H. Lambach and Margaret Stevenson (of Lambach, Kopf, Stevenson & Christiansen), Davenport, Iowa, for defendant Columbia Cas. Co.

Alex M. Miller (of Holliday, Miller, Myers, Stewart & McDowell), Des Moines, Iowa, for defendant Eichleay Corp.

DAVIES, District Judge.

This action was brought by an independent contractor to recover a balance due for labor and materials which, after performance of the contract, was withheld as a set-off for an indemnifiable tort obligation paid by the employer.

Also parties to the action are another independent contractor hired by the same employer and an insurance company insuring the plaintiffs and the defendant employer...

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