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McGEHEE v. CERTAINTEED CORP.

No. 95-10496.

101 F.3d 1078 (1996)

Michael McGEHEE, Gayln McGehee, Plaintiffs, v. CERTAINTEED CORPORATION, Defendant-Appellee. VETROTEX CERTAINTEED CORP., Defendant/Third-Party Plaintiff-Appellee, v. Lloyd SWAIM, d/b/a Insulation Specialities, Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 1996.

Attorney(s) appearing for the Case

Harold Raymond White, Banner, Briley & White, Wichita Falls, TX, for plaintiffs.

Dorothy D'Lyn Davison, Sparkman & Davison, Wichita Falls, TX, Mark Edward Golman, Storey, Armstrong, Steger & Martin, Dallas, TX, for Certainteed Corp. and Vetrotex Certainteed Corp.

Jennifer Bruch Hogan, Holman, Hogan, Dubose & Townsend, Houston, TX, for Lloyd Swaim dba Insulation Specialities.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

POLITZ, Chief Judge:

Lloyd Swaim d/b/a Insulation Specialities, third-party defendant, appeals a judgment finding him liable to third-party plaintiffs on the basis of an indemnity agreement. We vacate and remand for trial on the alleged indemnitor's actual knowledge of the indemnity provision.

Background

Swaim contracted to provide laborers to work at a fiberglass manufacturing plant owned and operated by Vetrotex Certainteed Corporation near...

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