Holcomb Construction Co., Inc. v. Armstrong

590 F.2d 811 HOLCOMB CONSTRUCTION CO., INC., a Nevada Corporation, Plaintiff-Appellant, v. Thomas J. ARMSTRONG, Friendship Lines, Inc., Beverly Kelly, Billy J. Malin, Travelers Insurance Co., John Does 1-X, Defendants-Appellees. No. 76-1070. United States Court of Appeals, Ninth Circuit. Feb. 8, 1979. No appearance for plaintiff-appellant. No appearance for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before ELY and CARTER, Circuit Judges, and INGRAM, * District Judge. INGRAM, District Judge: This is an appeal from an order of the district court dismissing an action filed by Holcomb Construction Co., Inc., appellant here (hereafter called Holcomb), against Thomas J. Armstrong and others, appellees (hereafter collectively called Armstrong). Factually, the complaint alleges that Holcomb had a contract for the construction of a new bridge across the Truckee River and for the extension of a roadway; that the contract contemplated the use by Holcomb of an existing bridge; that Armstrong negligently rendered the existing bridge unusable thus compelling the use by Holcomb of circuitous route for the transportation of materials and the…