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SCARBOROUGH v. NORTHERN ASSUR. CO. OF AMERICA

No. 82-3530.

718 F.2d 130 (1983)

William A. SCARBOROUGH, Plaintiff, v. NORTHERN ASSURANCE COMPANY OF AMERICA, et al., Defendants. MISSISSIPPI VALLEY SILICA CO., INC., Defendant-Third-Party-Plaintiff-Appellant, v. COLUMBIA CASUALTY CO., et al., Third-Party-Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 28, 1983.

Attorney(s) appearing for the Case

McGlinchey, Stafford & Mintz, John E. Galloway, New Orleans, La., for defendant-third-party-plaintiff-appellant.

Drury, Lozes & Curry, Felicien P. Lozes, New Orleans, La., for third-party-defendants-appellees.

Before TUTTLE, POLITZ and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

This is an appeal from a judgment rendered for two insurers, appellees Columbia Casualty Company and Commercial Union Insurance Company (the "Appellees") dismissing a third-party claim asserted against them by their insured, appellant Mississippi Valley Silica Company, Inc. ("Mississippi Valley"), a supplier of sand, seeking reimbursement for defense costs incurred by Mississippi Valley in successfully...

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