Southern Arizona York Refrigeration Company v. The Bush Manufacturing Company

361 F.2d 336 SOUTHERN ARIZONA YORK REFRIGERATION COMPANY, a corporation and Arizona York Refrigeration Company, a corporation, Appellants, v. The BUSH MANUFACTURING COMPANY, a corporation, now known as Dunham & Bush Manufacturing Company, Appellee. No. 19877. United States Court of Appeals Ninth Circuit. April 22, 1966, Rehearing Denied June 9, 1966. John W. Moran, Los Angeles, Cal., for appellants. Tremaine & Shenk, Los Angeles, Cal., for appellee. Before BARNES, JERTBERG and KOELSCH, Circuit Judges. JERTBERG, Circuit Judge: 1 Before us is a second appeal in an action filed by appellants (plaintiffs in the District Court), against appellee (defendant in the District Court) to recover indemnification in the sum of $14,235.41 paid out by the plaintiffs by reason of alleged negligent manufacture and/or design of certain refrigeration coils manufactured and designed by defendants and furnished to plaintiffs in the construction by them of a building for Swift and Company at Tucson, Arizona. Our decision in the first appeal is reported at Southern Arizona York Refrigeration Co. v. Bush Mfg. Co., 331 F.2d 1 (9th Cir., 1964). Related litigation in which plaintiffs and Swift and…