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WISE v. E.I. DuPONT DE NEMOURS AND CO.

No. 94-60490.

58 F.3d 193 (1995)

Gene A. WISE, et al, Plaintiffs, v. E.I. DuPONT DE NEMOURS AND CO., Defendant, E.I. DuPONT DE NEMOURS AND CO., Defendant-Third-Party Plaintiff-Appellant, v. BROWN & ROOT U.S.A., INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1995.

Attorney(s) appearing for the Case

T. Patrick Baynham, John Calvin Box, Abbott & Meeks, New Orleans, LA, William Lee Guice, III, Rushing & Guice, Biloxi, MS, for appellant.

James H. Colmer, Jr., Stephen W. Burrow, James H. Heidelberg, Colingo, Williams, Heidelberg, Steinberger & McElhaney, Pascagoula, MS, for appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM and PARKER, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

This appeal is before us on summary judgment. The sole issue on appeal involves the interpretation of an indemnity clause in a contract between E.I. DuPont de Nemours & Company and Brown & Root U.S.A., Inc. For the reasons discussed below we affirm the district court's judgment.

Facts

On May 26, 1988 Brown & Root U.S.A., Inc. (Brown & Root) entered into a contract with E.I. DuPont de Nemours &...

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