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CLARK v. B & D INSPECTION SERVICE

No. 89-3396.

896 F.2d 105 (1990)

George Carlton CLARK, Plaintiff, v. B & D INSPECTION SERVICE, et al., Defendants. VAL-TEX COATINGS, INC., Defendant-Third Party, Plaintiff-Appellant, v. BRUCE MARINE TRANSPORTATION, INC., Defendant-Third Party, Plaintiff-Appellee, v. SCOTTSDALE INSURANCE CO., Third Party-Defendant and Third Party Plaintiff-Appellant, v. ANGELINA CASUALTY COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1990.

Attorney(s) appearing for the Case

Hugh M. Glenn, Jr. and Franklin H. Jones, III, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, La., for Scottsdale Ins. Co.

Michael J. Kincade, New Orleans, La., for Val-Tex Coating, Inc. and Commercial Union.

James M. Tompkins and Gerry Deegan, Galloway, Johnson, Tompkins & Burr, New Orleans, La., for Bruce Marine Transp. Inc. and Angelina Cas. Co.

Before HIGGINBOTHAM, SMITH and DUHE, Circuit Judges.

DUHE, Circuit Judge.

Scottsdale Insurance Company appeals a summary judgment dismissing its claims and allowing indemnity against it. We reverse.

Val-Tex Coatings, Inc. agreed to refurbish and paint oil platforms for Chevron U.S.A., Inc. Val-Tex also entered into a time charter agreement with Bruce Marine Transportation, Inc., under which Bruce Marine would operate a vessel, the M/V Cliff Wayne Eserman, in connection...

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