BATSON-COOK COMPANY v. INDUSTRIAL STEEL ERECTORS

No. 17086.

257 F.2d 410 (1958)

BATSON-COOK COMPANY, Incorporated, Appellant, v. INDUSTRIAL STEEL ERECTORS, a partnership composed of Selna M. Walker and Robert W. Cockrell and Selna M. Walker and Robert W. Cockrell, individually, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 12, 1958.


Attorney(s) appearing for the Case

Harold F. Herring, W. H. Sadler, Jr., Sadler & Sadler, Birmingham, Ala., for appellant, Batson-Cook Co., Inc.

James E. Clark, Birmingham, Ala., London, Yancey, Clark & Allen, Birmingham, Ala., of counsel, for appellees.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

As this case comes to us, it is within a very narrow frame. Essentially it is the simple and oft-recurring problem: does the indemnity agreement involved require the Indemnitor to save harmless the Indemnitee against the consequences of the Indemnitee's negligence?

There is nothing unique about the facts in this case. Indeed, concentrating entirely on the construction of the indemnity agreement itself, the Indemnitee does not...

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