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HAYWOOD v. SOUTHWESTERN ELEC. POWER CO.

No. 82-2299.

708 F.2d 163 (1983)

Shirley HAYWOOD, Guardian of the Minor, Lee Renfro, Plaintiff, v. SOUTHWESTERN ELECTRIC POWER COMPANY, Defendant-Appellant, v. CITIES SERVICE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied August 16, 1983.

Attorney(s) appearing for the Case

Herbert Boyland, Longview, Tex., for defendant-appellant.

Roberts & Harbour Law Firm, John M. Smith, Longview, Tex., for defendant-appellee.

Before RUBIN and TATE, Circuit Judges, and STAGG, District Judge.

STAGG, District Judge:

This case presents an appeal from a jury verdict granting Cities Service Company ("Cities Service") full contractual indemnity for its share of a settlement agreement reached with the plaintiff on the opening day of trial. Because we find that the trial court erred in refusing to submit a special jury interrogatory on the issue of Cities Service's negligence, the judgment of the court below is reversed, and the case is remanded for a new trial...

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