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THOMAS CONST. CO., INC. OF MO. v. KELSO MARINE, INC.

No. 79-2325 Summary Calendar.

639 F.2d 216 (1981)

THOMAS CONSTRUCTION COMPANY, INC. OF MISSOURI, Plaintiff-Appellant Cross Appellee, v. KELSO MARINE, INC., d/b/a W. A. Kelso Building Material Company, Defendant-Third Party Plaintiff-Appellee Cross Appellant, v. The TRAVELERS INDEMNITY COMPANY, Third Party Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

March 9, 1981.

Attorney(s) appearing for the Case

Margolin & Kirman, Kansas City, Mo., for Travelers Indemnity Co.

Miller, Simmons & Moore, Richard W. Miller, Jeffrey B. Rosen, Kansas City, Mo., for Thomas Const. Co.

Charles M. Jordan, Hertz, Schulz, Schmidt & Jordan, P. C., Galveston, Tex., for defendant-third party plaintiff-appellee-cross-appellant.

Before GODBOLD, Chief Judge, REAVLEY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

This case arises out of a construction project which was also implicated in our earlier opinion in Montgomery Industries International, Inc. v. Thomas Construction Co., 620 F.2d 91 (5th Cir. 1980). The issues in that case and in the instant case are similar. For the reasons explained below, we conclude that our opinion in Montgomery controls this case.

Appellant Thomas...

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