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HOWARD v. VULCAN MATERIALS COMPANY

No. 75-2146.

533 F.2d 302 (1976)

Charles W. HOWARD, Jr., Plaintiff, v. VULCAN MATERIALS COMPANY, Defendant-Third Party Plaintiff, AAA CONTRACTING COMPANY, INC., Third Party Defendant-Cross Plaintiff Appellee, v. The TRAVELERS INSURANCE COMPANY, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 21, 1976.

Attorney(s) appearing for the Case

Wm. A. Norfolk, A. S. Easterly, III, Baton Rouge, La., for appellant.

Sam J. D'Amico, Baton Rouge, La., for appellee.

Before RIVES, GOLDBERG and GEE, Circuit Judges.

GEE, Circuit Judge:

Charles W. Howard, Jr. sued Vulcan Materials Company; the district court granted Vulcan's motion for summary judgment on the grounds that Howard's exclusive remedy was workman's compensation. This court affirmed but remanded for a determination of who should pay the cost of Vulcan's defense.1 AAA Contracting Company had an indemnity agreement with Vulcan but contended that its insurer, Travelers Insurance Company, was...

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