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RAMSEY v. GEORGIA-PAC. CORP.

No. 78-2936. Summary Calendar.

597 F.2d 890 (1979)

Edward H. RAMSEY, Plaintiff, Bituminous Fire & Marine Insurance Co., Intervenor, v. GEORGIA-PACIFIC CORPORATION, Defendant-Appellant, v. WALKER WELDING AND MACHINE COMPANY, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1979.

Attorney(s) appearing for the Case

L. Arnold Pyle, William A. Pyle, Jackson, Miss., for defendant-appellant.

Cox & Dunn, Vardaman S. Dunn, Jackson, Miss., for third-party defendant-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

RONEY, Circuit Judge:

Georgia-Pacific Corporation appeals a summary judgment dismissing its third-party complaint for indemnity against Walker Welding and Machine Company in a Mississippi diversity case. Concluding that the third-party complaint could not be foreclosed by summary judgment, we reverse and remand.

Neither the briefs nor the order on summary judgment in this case adequately focuses on what seem to us to be the two controlling questions: first...

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