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CITIES SERVICE CO. v. LEE-VAC, LTD.

No. 84-4192.

761 F.2d 238 (1985)

CITIES SERVICE COMPANY, Plaintiff, v. LEE-VAC, LTD., Defendant-Third Party Plaintiff-Appellant, American Hoist & Derrick Company, Defendant-Third Party Defendant-Appellee, Southwest Wire Rope, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 28, 1985.

Attorney(s) appearing for the Case

Burke & Mayer, James G. Burke, Jr., New Orleans, La., for defendant-third party plaintiff-appellant.

Michael J. Maginnis, New Orleans, La., for Am. Hoist.

Before THORNBERRY, REAVLEY and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

In an action brought by Cities Service Co. against both American Hoist & Derrick Co. and Lee-Vac, Ltd. for property damage, the district court found that Lee-Vac's negligence was the sole cause of the accident. Based on this finding the district court ordered Lee-Vac to pay Cities Service's damages and to indemnify American Hoist for the expenses of its successful defense. Lee-Vac appeals from the district court's order that it alone pay...

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