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AETNA CAS. & SUR. CO. v. L. K. COMSTOCK & CO., INC.

No. 80-5368.

684 F.2d 1267 (1982)

The AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellee, v. L. K. COMSTOCK & COMPANY, INC., a New York Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1982.

Rehearing and Rehearing Denied October 27, 1982.

Attorney(s) appearing for the Case

William S. Barker, Cromer, Barker, Michaelson, Gillock & Rawlings, Las Vegas, Nev., for defendant-appellant.

Rex A. Jemison, Beckley, Singleton, Delanoy & Jamison, Las Vegas, Nev., for plaintiff-appellee.

Before NORRIS and REINHARDT, Circuit Judges, and HAUK, District Judge.

Rehearing and Rehearing En Banc Denied October 27, 1982.

REINHARDT, Circuit Judge.

In this action for breach of contract and indemnity, defendant Comstock appeals from a denial of summary judgment, the granting of a directed verdict, and a final judgment entered after the return of special verdicts by a jury.

Factual Background

Stearns-Roger was the prime contractor on a project owned by Nevada Power. Comstock was given an electrical...

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