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McDANIEL v. ANHEUSER-BUSCH, INC.

No. 91-6313.

987 F.2d 298 (1993)

Harold S. McDANIEL, Plaintiff, v. ANHEUSER-BUSCH, INC., Defendant, Third Party Appellant, v. FORCE CORPORATION, Defendant, Third Party Appellee.

United States Court of Appeals, Fifth Circuit.

April 1, 1993.

Attorney(s) appearing for the Case

Michael C. Falick, William J. Collins, III, Houston, TX, for defendant, third party appellant.

James L. Gascoyne, Houston, TX, for defendant, third party appellee.

Before JONES and WIENER, Circuit Judges, and WALTER, District Judge.

WIENER, Circuit Judge:

This Texas diversity case involves the interpretation of a unique indemnification provision and the application of the deemed finding and waiver provisions of Rules 49 and 51 in the context of separate trials granted under Rule 42(b).1 The district court granted summary judgment for Defendant-Appellee Force Corporation (Force), holding that, under the terms of the indemnity clause, Force could only be required to...

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