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  5. 141 F.Supp. 833 (1956)
 

GUY F. ATKINSON CO. v. MERRITT, CHAPMAN & SCOTT CORP.

Nos. 33585, 34333.

141 F.Supp. 833 (1956)

GUY F. ATKINSON COMPANY, a corporation, Plaintiff, v. MERRITT, CHAPMAN & SCOTT CORPORATION, a corporation, et al., Defendants. WINSTON BROS. COMPANY, a corporation, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

June 20, 1956.

Attorney(s) appearing for the Case

Johnson & Stanton and John A. Sproul, San Francisco, Cal., for Guy F. Atkinson Co.

Bronson, Bronson & McKinnon and Kirke La Shelle, San Francisco, Cal., for Merritt, Chapman & Scott Corp.

Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for Winston Bros. Co.

Lloyd H. Burke, U. S. Atty., James B. Schnake, and Wm. B. Spohn, Asst. U. S. Attys., San Francisco, Cal., for United States.

OLIVER J. CARTER, District Judge.

The basic question considered in this Memorandum is whether the United States, a defendant in both of these consolidated actions, should be permitted to inject into this litigation its claim for indemnity against Merritt, Chapman & Scott Corporation and the Savin Construction Corporation.

On two separate occasions during the time that the United States was constructing Folsom Dam under contract with Merritt, Chapman &...

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