Fireman's Fund Indemnity Company v. United States, 13341.

Decision Date19 February 1954
Docket NumberNo. 13341.,13341.
Citation210 F.2d 472
PartiesFIREMAN'S FUND INDEMNITY COMPANY, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

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.

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4 cases
  • Arthur Venneri Company v. United States
    • United States
    • U.S. Claims Court
    • 16 Abril 1965
    ...of the payment of the wages. Westover v. William Simpson Construction Co., 209 F.2d 908 (9th Cir.1954); Firemen's Fund Indemnity Co. v. United States, 210 F.2d 472 (9th Cir.1954); Century Indemnity Co. v. Riddell, 317 F.2d 681 (9th Cir. 1963) and Phinney v. Southern Warehouse Corp., 212 F.2......
  • United States v. Crosland Construction Company
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 1 Diciembre 1954
    ...Co., 209 F.2d 347, and followed by the Ninth Circuit in Westover v. William Simpson Construction Co., 209 F.2d 908 and Fireman's Fund Indemnity Co. v. U. S., 210 F.2d 472, and by the Fifth Circuit in General Casualty Co. of America v. U. S., 205 F.2d 753. It is supported by Central Bank v. ......
  • Kantor Bros., Inc., In re
    • United States
    • New Jersey Superior Court — Appellate Division
    • 28 Abril 1966
    ...340 F.2d 337, 169 Ct.Cl. 74 (1965); Phinney v. Southern Warehouse Corp., 212 F.2d 488 (5 Cir. 1954). See also Firemen's Fund Indemnity Co. v. U.S., 210 F.2d 472 (9 Cir. 1954). Applying the foregoing principle to the facts herein, Kantor Brothers, Inc. (part of the joint venture) was the 'em......
  • Century Indemnity Company v. Riddell
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 30 Abril 1963
    ...stated in the Phinney case. For the same reason, although relied upon by the court below, these decisions were not mentioned in the Firemen's Fund case. As indicated in the Phinney case, the justification for the bankruptcy trustee rulings is that a trustee in bankruptcy is the alter ego, a......

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