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WARREN PETROLEUM CORP. v. J. W. GREEN CONTRACTORS

No. 25334.

417 F.2d 242 (1969)

WARREN PETROLEUM CORPORATION, Appellant, v. J. W. GREEN CONTRACTORS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 18, 1969.

Attorney(s) appearing for the Case

Herbert Boyland, Longview, Tex., for appellant.

Earl Sharp, Longview, Tex., for appellee.

Before COLEMAN and GODBOLD, Circuit Judges, and RUBIN, District Judge.

GODBOLD, Circuit Judge.

In this diversity action Warren seeks indemnity from Green for damages paid by Warren under a judgment entered against Warren in an earlier personal injury suit. The jury verdict was for Green. Warren appeals. We reverse.

Central to this case is the following indemnity provision of a contract between Warren and Green.

INDEMNIFICATION AND INSURANCE — Contractor [Green] indemnifies...

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