C. H. ELLE CONSTRUCTION CO. v. WESTERN CASUALTY & S. CO.

No. 15932.

261 F.2d 533 (1958)

C. H. ELLE CONSTRUCTION CO., a corporation and St. Paul-Mercury Indemnity Co., a corporation, Appellants, v. WESTERN CASUALTY AND SURETY COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 5, 1959.


Attorney(s) appearing for the Case

Merrill & Merrill, A. L. Merrill, R. D. Merrill, W. F. Merrill, Pocatello, Idaho, for appellants.

O. R. Baum, Ruby Y. Brown, Pocatello, Idaho, Ben Peterson, Boise, Idaho, for appellee.

Before HEALY, ORR and POPE, Circuit Judges.


ORR, Circuit Judge.

Appellant St. Paul-Mecury Indemnity Co., an insurer of appellant Elle Construction Co., paid a judgment rendered against said company by an Idaho State Court. In the instant action St. Paul-Mercury is attempting to recover from Western Casualty and Security Co., hereafter Western, the amount it paid on the judgment.

The factual background follows. A Mr. Horsley, an employee of Elle Construction Co., while driving a truck belonging to a...

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