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EXXON CORP. v. MARYLAND CAS. CO.

No. 79-1357 Summary Calendar.

599 F.2d 659 (1979)

EXXON CORPORATION, Plaintiff-Appellant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 1979.

Attorney(s) appearing for the Case

Francis J. Mooney, Jr., Charles J. Escher, New Orleans, La., for plaintiff-appellant.

Deutsch, Kerrigan & Stiles, Marian Mayer Berkett, Charles F. Seemann, Jr., New Orleans, La., for defendant-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Maryland Casualty Company has filed a motion to dismiss this appeal of Exxon Corporation as premature. In order to explain the unusual context in which we find this motion and our action in granting it, we briefly review the events below.

As a result of the failure of one of its customers, Lambert,1 to pay its bills, Exxon filed a diversity suit against the customer's surety, Maryland Casualty, alleging...

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