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BLACK WARRIOR ELECTRIC M. CORP. v. MISSISSIPPI POWER CO.

No. 25979.

413 F.2d 1221 (1969)

BLACK WARRIOR ELECTRIC MEMBERSHIP CORPORATION, Appellant, v. MISSISSIPPI POWER COMPANY, Appellee. MISSISSIPPI POWER COMPANY, Appellant, v. R. B. STOVALL CONSTRUCTION CO. et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 3, 1969.

Attorney(s) appearing for the Case

Jack B. Porterfield, John W. Clark, Jr., Dunn, Porterfield, McDowell & Scholl, Birmingham, Ala., for Black Warrior Electric.

Harold Bowron, Jr., Martin, Balch, Bingham, Hawthorne & Williams, Birmingham, Ala., for Miss. Power Co.

James E. Clark, London, Yancey, Clark & Allen, Birmingham, Ala., William S. Lawson, Tupelo, Miss., for R. B. Stovall, and others.

Before WISDOM and GODBOLD, Circuit Judges, and HUGHES, District Judge.

GODBOLD, Circuit Judge:

We again consider whether an indemnity provision in a contract requires the indemnitor to save harmless the indemnitee from the consequences of the indemnitee's negligence. On April 9, 1965 Black Warrior Electric Membership Corporation (Black Warrior or indemnitee), an Alabama corporation, entered into an agreement with Mississippi Power Company (Mississippi Power or indemnitor) permitting Mississippi...

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