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CARTER v. EPSCO, INC.

No. 81-3021.

681 F.2d 1062 (1982)

Robert CARTER, Jr., Plaintiff, v. EPSCO, INC., Defendant-Appellant, v. A. O. SMITH and CNA Insurance Co., Defendants-Appellees, v. UNION CARBIDE CORP., Defendant-Appellant. William C. WOODWARD, Plaintiff, v. A. O. SMITH-INLAND & CNA Insurance Co., Defendants-Appellees, v. UNION CARBIDE CORP., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 13, 1982.

Attorney(s) appearing for the Case

Donald S. Zuber, Myron A. Walker, Jr., Baton Rouge, La., for EPSCO.

Dominic J. Gianna, New Orleans, La., for Union Carbide.

Joseph F. Keogh, Baton Rouge, La., for A. O. Smith and CNA Ins. Co.

John F. McKay, Baton Rouge, La., for Carter.

Before BROWN, GOLDBERG and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

The appeal from the district court's dismissal, 511 F.Supp. 99, of the cross-claims of EPSCO, Inc. and Union Carbide Corporation against A. O. Smith-Inland, Inc. poses a thorny question of Louisiana law in this diversity case. We remand for such further fact-finding as may prove necessary, and the application of legal theories thus far not considered, under which EPSCO and Union Carbide may be entitled to...

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