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HIERN v. ST. PAUL-MERCURY INDEMNITY COMPANY

No. 17141.

262 F.2d 526 (1959)

Livingston S. HIERN, Appellant, v. ST. PAUL-MERCURY INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 23, 1959.

Attorney(s) appearing for the Case

Andrew P. Carter, New Orleans, La., for appellant.

Carl J. Schumacher, Jr., Allen R. Fontenot, New Orleans, La., for St. Paul-Mercury Indemnity Co., appellee. Lemle & Kelleher, New Orleans, La., of counsel.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Louisiana granting the plaintiff's motion for summary judgment in a suit on a contract of indemnity.

Plaintiff, appellee here, contracted as surety for appellant and appellant's co-venturer, one Waterman, in connection with certain realty development contracts. Appellant and his co-venturer executed general contracts of indemnity under the...

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