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ALAMO LUMBER COMPANY v. WARREN PETROLEUM CORPORATION

No. 19758.

316 F.2d 287 (1963)

ALAMO LUMBER COMPANY, Appellant, v. WARREN PETROLEUM CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

April 19, 1963.

Attorney(s) appearing for the Case

Harold K. Stanard and Beckmann, Stanard, Wood & Vance, San Antonio, Tex., for appellants.

Grady Barrett and Matthews, Nowlin, Macfarlane & Barrett, San Antonio, Tex., for appellee.

Before HUTCHESON, WISDOM, and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

This is an appeal from a judgment granting indemnity to Warren Petroleum Corporation under a contract between it and Alamo Lumber Company.

On June 1, 1960, Alamo agreed in writing with Warren to build cabinets in a chemical laboratory on Warren's plant site near Fashing, Texas. The contract contained the following provision:

"D. INDEMNIFICATION AND INSURANCE — Contractor [Alamo...

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