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STEPHENS v. CHEVRON OIL COMPANY

No. 73-3516.

517 F.2d 1123 (1975)

Harold Lee STEPHENS, Plaintiff, v. CHEVRON OIL COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. AETNA CASUALTY & SURETY CO., and Axelson, Inc., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 15, 1975.

Attorney(s) appearing for the Case

Lloyd C. Melancon, New Orleans, La., for defendant-third-party plaintiff-appellant.

Allen R. Fontenot, Albert H. Hanemann, Jr., Robert A. Vosbein, New Orleans, La., for Aetna & Axelson.

Owen J. Bradley, New Orleans, La., for other interested parties.

Before WISDOM, SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The sole issue on this appeal is whether a contractor-indemnitor, with no duty to indemnify against the owner-indemnitee's own negligence, must pay the costs and expenses of a successful defense by the indemnitee against a work-related claim of an employee of the indemnitor, where the claim was based entirely on the indemnitee's alleged negligence. A jury having found the indemnitee free from negligence, we hold that the indemnitee is entitled...

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