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BAINVILLE v. HESS OIL V.I. CORP.

Nos. 87-3062, 87-3161.

837 F.2d 128 (1988)

Robert J. BAINVILLE v. HESS OIL V.I. CORP. v. STANDBY POWER SUPPLIES, INC., Third Party Defendant, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

Diane Trace Warlick, R. Eric Moore (argued), Law Offices of R. Eric Moore, Christiansted, St. Croix, U.S.V.I., for third party defendant, appellant, Standby Power Supplies, Inc.

Law Offices of Britain H. Bryant and Associates, P.C., Nancy V. Young (argued), St. Croix, U.S.V.I., for appellee, Hess Oil Virgin Islands Corp.

Before GIBBONS, Chief Judge, and STAPLETON and MANSMANN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Standby Power Supplies, Inc. (Standby) appeals from summary judgment in a third party indemnity action, enforcing its contractual duty to indemnify Hess Oil Virgin Islands Corporation (Hess), and from a supplemental judgment awarding attorney's fees to Hess. Since we review a summary judgment our review is plenary, 649 F.Supp. 804.

At issue is an indemnity clause contained...

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