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GANTT v. MOBIL CHEMICAL COMPANY

No. 71-2451.

463 F.2d 691 (1972)

Carl A. GANTT, Plaintiff-Appellee, v. MOBIL CHEMICAL COMPANY, Defendant-Third Party Plaintiff-Appellee-Appellant, v. STEARNS-ROGER CORPORATION, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1972.

Attorney(s) appearing for the Case

Robert E. Barnes, Beaumont, Tex., for Stearns-Roger Corp.

Arthur L. Schechter, Downman, Jones & Schechter, Houston, Tex., for plaintiff-appellee Carl A. Gantt.

Cleve Bachman, Beaumont, Tex., Maurice Amidei, Mobil Chemical Co., Dallas, Tex., Tom Normand, Orgain, Bell & Tucker, Beaumont, Tex., for Mobil Chemical Co.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

During the night shift of May 25, 1969, Carl A. Gantt (Gantt), an employee of the Stearns-Roger Corporation (Stearns), fell from a ladder and suffered personal injuries. Stearns was performing contract maintenance work at the Beaumont, Texas, plant of the Mobil Chemical Company (Mobil). Gantt brought suit against Mobil for damages. Relying upon an indemnification clause in its contract with Stearns, Mobil brought a third-party action against...

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