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BANDY v. AVONDALE SHIPYARDS, INC.

No. 71-2404.

458 F.2d 900 (1972)

William J. BANDY, Plaintiff, v. AVONDALE SHIPYARDS, INC., Commercial Union Assurance Co., Ltd., Defendants. G. & T. CRANE SERVICE, INC., Defendant-Appellee, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 1972.

Attorney(s) appearing for the Case

Wood Brown, III, Montgomery, Barnett, Brown & Read, New Orleans, La., for defendant-appellant.

James R. Pertuit, New Orleans, La., for defendant-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This appeal turns primarily on the construction of a "coverage" endorsement to an insurance policy. We must determine whether, under Louisiana law, the complaint filed by an injured plaintiff against an insured defendant, when viewed in light of the endorsement, requires the insurer to defend the suit. We must also determine whether the duty to defend the suit is altered by a ruling by the district court denying a motion for summary judgment...

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