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DIGGS v. HOOD

No. 84-4809.

772 F.2d 190 (1985)

Clarence L. DIGGS, Plaintiff, v. Billie C. HOOD, et al., Defendants-Third Party Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 1985.

Attorney(s) appearing for the Case

Richard C. Meaux, Lafayette, La., for defendants-third party plaintiffs-appellants.

McGlinchey, Stafford, Mintz, Celline & Lang, C.C. Norwood, Ernest P. Gieger, Jr., New Orleans, La., for defendants-third party defendant-appellee.

Before RUBIN and REAVLEY, Circuit Judges, and SEAR, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The issue before us is whether, under Louisiana law, one of two joint tortfeasors who compromises the claim against him and receives a release in which the injured plaintiff reserves his rights against the nonsettling tortfeasor has a cause of action against that joint tortfeasor on the basis of contribution, indemnity, subrogation, or unjust enrichment. We conclude that, under Louisiana's code articles relative to comparative negligence...

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