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COTTON BROS. BAKING v. INDUSTRIAL RISK INSURERS

No. 90-4128.

941 F.2d 380 (1991)

COTTON BROTHERS BAKING COMPANY, INC., Plaintiff-Appellee, v. INDUSTRIAL RISK INSURERS, Defendant-Third-Party Plaintiff-Appellant, v. BAKER PERKINS FOOD MACHINERY, INC., Third-Party Defendant-Appellant. COTTON BROTHERS BAKING COMPANY, INC., Plaintiff-Appellee, v. BAKER PERKINS, INC., Defendant-Appellant. BAKER PERKINS, INC., Plaintiff-Appellant, v. COTTON BROTHERS BAKING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected on Denial of Rehearing October 10, 1991.

Attorney(s) appearing for the Case

Esmond Phelps, II, Dorothy H. Wimberly, Marc D. Winsberg, Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, La., for Baker Perkins, Inc. & Baker Perkins Food Machinery.

Howard B. Gist, Jr., George C. Gaienne, III, Gist, Methvin, Hughes & Munsterman, Alexandria, La., Robert M. Wattson, Lawrence Zelle, Zelle & Larson, Minneapolis, Mn., for Industrial Risk Ins.

Dando B. Cellini, Henri Wolbrette, III, Dermot S. McGlinchey, McGlinchey, Stafford, Mintz & Cellini, New Orleans, La., Frederick B. Alexius, Provosky, Sadler & Delaunay, Alexandria, La., for appellees.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.

POLITZ, Circuit Judge:

This appeal poses complex damages and liability issues resulting from a fire at Cotton Brothers Baking Co., Inc., a bakery in Alexandria, Louisiana, on Friday, February 13, 1981. Multiple suits resulted. The matters were tried in part by a jury and in part by the bench and the ultimate judgments are now before us on appeal. For the reasons assigned we modify those judgments and, as modified, affirm.

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