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WERNETH v. COOK

No. GC 72-99-S.

487 F.Supp. 144 (1979)

Thomas Perry WERNETH, Plaintiff, v. Thomas D. COOK, Defendant.

United States District Court, N. D. Mississippi, Greenville Division.

August 20, 1979.

Attorney(s) appearing for the Case

Maudine Gatlin, North Mississippi Rural Legal Services, Greenwood, Miss., for plaintiff.

P. J. Townsend, Jr., Drew, Miss., Champ T. Terney, Indianola, Miss., for defendants Thomas D. Cook, Jack Byars, Sergeant Kenneth Bagwell, Sergeant J. B. Birchfield, Sergeant Tom Moody, Tom Jones, Monroe Yates, J. D. Gilmer and George McLaurin.

James Robertson, Greenville, Miss., for defendant United States Fidelity and Guaranty Company.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

In the action sub judice, the court is faced with a problem which is likely to recur in cases of this nature. More specifically, the issue is whether or not, in an action involving public officials and the insurance companies which act as sureties on their bonds, a cross-claim for indemnity by the surety against the public employee survives without independent jurisdictional grounds, where the plaintiff...

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