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MICHIGAN MUTUAL INSURANCE CO. v. ROYAL INDEMNITY CO.

No. 15007.

313 F.2d 467 (1963)

MICHIGAN MUTUAL INSURANCE COMPANY and City of Chattanooga, Tennessee, Plaintiffs-Appellants, v. ROYAL INDEMNITY COMPANY, Sullivan, Long & Hagerty, Inc., and Willard E. Dowlen, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 23, 1963.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., Jac Chambliss, Chambliss, Chambliss & Hodge, Chattanooga, Tenn., on brief, for appellants.

Paul Campbell, Campbell & Campbell, Chattanooga, Tenn., on brief, for appellee.

Before CECIL, Chief Judge, and MILLER and O'SULLIVAN, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment dismissing an action for declaratory judgment. The facts are undisputed. Plaintiff-Appellant, City of Chattanooga, had a contract with defendant-appellee, Sullivan, Long & Hagerty, Inc., a construction firm, whereby such firm was to do some construction work for such city. The contract contained the following provision:

"The contractor shall be held responsible for all accidents and shall indemnify and protect...

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