Hully v. Aluminum Company of America

DAVIES, District Judge.

This action was brought by an independent contractor to recover a balance due for labor and materials which, after performance of the contract, was withheld as a set-off for an-' indemnifiable tort obligation paid by the employer.

Also parties to the action are another independent contractor hired by the same employer and an insurance company insuring the plaintiffs and the defendant employer. The plaintiffs and the other contractor, Eichleay Corporation, were employed under separate contracts by Aluminum Company of America (hereinafter called Alcoa) in the construction…