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WISCONSIN BARGE LINE, INC. v. BARGE CHEM 300

No. 75-2249.

546 F.2d 1125 (1977)

WISCONSIN BARGE LINE, INC., Plaintiff-Appellant, v. The BARGE CHEM 300, its tackle, apparel, furnishings, fixtures & equipment, in rem, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 25, 1977.

Attorney(s) appearing for the Case

James A. George, Baton Rouge, La., for plaintiff-appellant.

Clarence A. Frost, New Orleans, La., for defendants-appellees.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 25, 1977.

FAY, Circuit Judge:

The issue presented by this appeal is whether indemnity is available after a settlement judgment when the proposed indemnitor was notified of the claim and tendered the defense but chose not to participate and could not be made a party to the original state court action due to a lack of jurisdiction. The district court denied indemnity. For the reasons set forth below, this Court finds...

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