City of Phoenix v. Com/systems, Inc., Richard H. Barry, Counter-Claimant/appellant v. City of Phoenix, Counter-Defendant/appellee. Ohio Casualty Insurance Company, Cross-Claimant v. Richard H. Barry, Cross-Defendant

706 F.2d 1033 13 Fed. R. Evid. Serv. 557 CITY OF PHOENIX, Plaintiff-Appellee, v. COM/SYSTEMS, INC., et al., Defendants-Appellants. Richard H. BARRY, Counter-claimant/Appellant, v. CITY OF PHOENIX, Counter-defendant/Appellee. OHIO CASUALTY INSURANCE COMPANY, Cross-claimant, v. Richard H. BARRY, et al., Cross-defendant. No. 81-5471. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 7, 1982. Decided May 26, 1983. Don C. Stevens, II, William R. Jones, Jr., Jones, Skelton & Hochuli, Phoenix, Ariz., for plaintiff-appellee. Robert O. Dyer, Phoenix, Ariz., Michael J. Pearce, George E. Wise, Wise & Nelson, Long Beach, Cal., for defendants-appellants. Appeal from the United States District Court for the District of Arizona. Before ELY and CHOY, Circuit Judges, and THOMPSON, * District Judge. CHOY, Circuit Judge: 1 This diversity action arose out of a contract dispute between the City of Phoenix ("City") and a contractor who had agreed to build a communications system for the City. The contractor's performance bond surety company, which was joined as a defendant, cross-claimed for indemnity against the contractor. We find that (1) the district court acted…