UNITED STATES FIDELITY AND GUARANTY COMPANY v. BRIAN

No. 21169.

337 F.2d 881 (1964)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Donald R. BRIAN, Tutor of, and for the Use and Benefit of his Minor Child, Nancy Brian, et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 16, 1964.


Attorney(s) appearing for the Case

Breard Snellings, New Orleans, La., for appellant.

Deutsch, Kerrigan & Stiles, Ralph L. Kaskell, Jr., and John F. Tooley, Jr., New Orleans, La., for Allan Herschell Co., Inc. and Utica Mut. Ins. Co.

William H. McClendon, Jr., and McClendon & McClendon, New Orleans, La., Joe Spurlock, Fort Worth, Tex., for D. R. Brian.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.


WISDOM, Circuit Judge.

Multi-party lawsuits, with complicated questions involving indemnification and contribution, justify the submission of special interrogatories to a jury in place of a request for a general verdict. In this case, unfortunately, the special interrogatories resulted in inconsistent verdicts betraying a failure or refusal of the jury to understand all of the issues. Because of a basic inconsistency in the jury's special verdicts, we reverse the...

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