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MALLORY v. HYDRAULIC WORKOVER, INC.

No. 79-3527. Summary Calendar.

617 F.2d 1212 (1980)

Ray MALLORY, Plaintiff, Tenneco Oil Company, Third Party-Defendant-Appellee, v. HYDRAULIC WORKOVER, INC., et al., Third Party-Defendants, Hydraulic Workover, Inc., Third Party-Defendant-Appellant. Howard L. WALKER, Plaintiff, Tenneco Oil Company, Third Party-Defendant-Appellee, v. HYDRAULIC WORKOVER, INC., et al., Third Party-Defendants, Hydraulic Workover, Inc., Third Party-Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 30, 1980.

Attorney(s) appearing for the Case

Henderson, Hanemann & Morris, J. Mark Graham, Houma, La., for appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Edward J. Koehl, Jr., New Orleans, La., for appellee.

Before RONEY, KRAVITCH and TATE, Circuit Judges.

PER CURIAM:

The issue concerns whether a third-party defendant is liable to indemnify the third-party plaintiff under an indemnity clause covering personal-injury liability for claims arising out of Tenneco's own "negligence." For a discussion of the applicable principles, see Cole v. Chevron Chemical Co., 477 F.2d 361, 368 (5th Cir. 1973). The third-party defendant, the indemnitor, unsuccessfully contended in the district...

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