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TORRES v. McDERMOTT INC.

No. 93-3053.

12 F.3d 521 (1994)

Juan R. TORRES, Sr., Plaintiff, v. McDERMOTT INCORPORATED and Freeport-McMoRan, Inc., Defendants. FREEPORT-McMORAN RESOURCE PARTNERS, Limited Partnership, Defendant-Third Party Plaintiff-Appellee, v. SECO INDUSTRIES, INC. and the Gray Insurance Company, Third-Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 1, 1994.

Attorney(s) appearing for the Case

Philip E. Henderson, Henderson, Hanemann & Morris, Houma, LA, for appellants Seco & the Gray Ins. Co.

George R. Alvey, Jr., Jones, Walker, Waechter, Poitevent, Carrère & Denère, New Orleans, LA, for appellee.

Before REAVLEY and DAVIS, Circuit Judges, and TRIMBLE, District Judge.

TRIMBLE, District Judge:

Appellant SECO challenges the district court's order enforcing appellee Freeport's indemnity agreement. Because we agree with appellant that the Louisiana Anti-Indemnity Act applies to render the indemnity agreement unenforceable, we reverse and remand.

I. FACTUAL BACKGROUND

Freeport-McMoRan Resource Partners, Limited Partnership (Freeport) and SECO Industries, Inc. (SECO) entered into a contract by the terms of which SECO...

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