COMMANDER v. BASF WYANDOTTE CORP.

No. 92-3352 Summary Calendar.

978 F.2d 924 (1992)

Gary COMMANDER and Tom Waters, Plaintiffs, v. BASF WYANDOTTE CORPORATION, et al., Defendants, BASF CORPORATION, Third Party Plaintiff-Appellant, v. S & S SPRINKLER COMPANY, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 9, 1992.


Attorney(s) appearing for the Case

Gary A. Bezet, Jay M. Jalenak, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, La., for BASF Wyandotte Corp. and BASF Corp.

John W. Perry, Jr., Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, La., for S & S Sprinkler.

Before JOLLY, DUHÉ, and BARKSDALE, Circuit Judges.


DUHÉ, Circuit Judge:

A contractor's employees sued the owner of a plant where they were working, alleging injuries from toxic fumes. The plant owner impleaded the contractor for contractual indemnity and a defense. Before trial on the main demand, the district court granted summary judgment for the contractor. 785 F.Supp. 1236 (M.D.La.1992). The plant owner appeals. Finding a disputed issue of material fact, we reverse.<...

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