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EZELL v. HAYES OILFIELD CONST. CO., INC.

Nos. 81-3391, 81-3457.

693 F.2d 489 (1982)

Ronnie EZELL, Plaintiff, v. HAYES OILFIELD CONSTRUCTION CO., INC., Defendant-Appellee Cross-Appellant, v. UNITED STATES FIDELITY & GUARANTY CO., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing January 17, 1983.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Toler & Sarpy, Peter A. Feringa, Jr., Charles L. Chassaignac, J. Dwight LeBlanc, Jr., New Orleans, La., for defendant-appellant cross-appellee.

Bailey & Leininger, B. Ralph Bailey, Robert C. Leininger, Jr., Metairie, La., for defendant-appellee cross-appellant.

Before GOLDBERG, WILLIAMS and GARWOOD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc January 17, 1983.

GOLDBERG, Circuit Judge:

This is an appeal from a jury verdict awarding punitive damages to an insured party in a diversity action against its insurer for breach of the insurer's duty to defend the insured. Ronnie Ezell, an employee of Hayes Oilfield Construction, Inc. ("Hayes"), was injured on the job and sued Hayes. United States Fidelity & Guaranty Co. ("USF & G"), Hayes'...

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